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FARMERS AUTOMOBILE INS. ASS'N v. HAMILTON

No. 74-32.

31 Ill. App.3d 730 (1975)

335 N.E.2d 178

THE FARMERS AUTOMOBILE INSURANCE ASSOCIATION, Plaintiff-Appellee, v. GASTON HAMILTON et al., — Defendants. (JOHN HOGAN, Defendant-Appellant.)

Appellate Court of Illinois — Fifth District.

Supplemental opinion upon denial of rehearing September 26, 1975.

Attorney(s) appearing for the Case

Harris and Lambert, of Marion, for appellant.

Fowler & Novick, of Marion, for appellee.

Reversed and remanded.

Mr. JUSTICE CARTER delivered the opinion of the court:

The plaintiff-appellee, The Farmers Automobile Insurance Association, filed suit for declaratory judgment against Gaston Hamilton, defendant, and John Hogan, defendant-appellant, denying liability under a certain homeowner's policy of insurance arising out of a shooting incident. The court granted appellee's motion for summary judgment, finding that appellee was not liable under...

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