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ALTON v. BYERLY AVIATION, INC.

No. 75-194.

44 Ill. App.3d 571 (1976)

358 N.E.2d 396

JAMES A. ALTON, Adm'r of the Estate of Marty James Alton, Deceased, Plaintiff-Appellant, v. BYERLY AVIATION, INC., Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed December 21, 1976.

Attorney(s) appearing for the Case

Matthew A. Maloney, of Pierson & Maloney, of Princeton, for appellant.

John Cassidy, Jr., of Cassidy, Cassidy & Mueller, of Peoria, for appellee.

Judgment affirmed.

Mr. JUSTICE BARRY delivered the opinion of the court:

The plaintiff, administrator of the estate of Marty James Alton, deceased, appealed from a summary judgment in favor of defendant, Byerly Aviation, Inc. Plaintiff filed suit in an action at law to recover damages alleging that the plaintiff's decedent, a minor, died as a result of asphyxiation by inhalation of toxic hydrocarbon fumes from aviation fuel. Plaintiff alleged that defendant...

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