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COUNTRY MUTUAL INS. CO. v. LOWER

No. 70-242.

1 Ill. App.3d 1010 (1971)

274 N.E.2d 503

COUNTRY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. REX LOWER, et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

October 18, 1971.

Attorney(s) appearing for the Case

Petty & Kightlinger, of Mt. Carroll, for appellant.

Fearer & Nye, of Oregon, for appellee.

Reversed and remanded.

Mr. JUSTICE ABRAHAMSON delivered the opinion of the court:

The question raised is whether an issue of material fact was presented to the trial court in defendants' answer and affirmative defense to a declaratory judgment action brought by an insurer and involving coverage under an insurance policy. The defendants contend that the court improperly granted plaintiff's motion for judgment...

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