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BRUCE v. HALTERMAN-FLYNN

No. 3-86-0834.

162 Ill. App.3d 248 (1987)

515 N.E.2d 410

JUDITH A. BRUCE, as Adm'r of the Estate of Earl W. Bruce, Plaintiff and Counterdefendant-Appellant, v. LINDA HALTERMAN-FLYNN, as Ex'r of the Estate of Phillip Halterman, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed October 30, 1987.

Attorney(s) appearing for the Case

Califf, Harper, Fox, Dailey, & Slover, P.C., of Moline (Mark D. Henss, of counsel), for appellant.

William Davis, of Davenport, Iowa, and Thomas C. Fritzsche, of Bettendorf, Iowa, for appellee.

Judgment reversed.

JUSTICE SCOTT delivered the opinion of the court:

This case involves the trial court's denial of counterdefendant/appellant's motion to dismiss counterplaintiff/appellee's counterclaim under the Wrongful Death Act (Ill. Rev. Stat. 1985, ch. 70, pars. 1, 2). In doing so, the trial court, pursuant to Supreme Court Rule 308 (107 Ill.2d R. 308), certified two questions of law for review indicating that an immediate appeal would materially advance...

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