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ZINSER v. ROSE

No. 3-92-0315.

614 N.E.2d 1259 (1993)

245 Ill. App.3d 881

185 Ill.Dec. 574

Robert R. ZINSER, Michael A. Bruns, Frank Benningfield, Robert Benningfield, Steve Baker, J. Richard Burns, B.E. Doyle, B. Michael Higgins, Chris Hoelscher, Kenneth E. Kaeser, Daniel McConnell, R.C. Litwiller and Terry Shaw, Plaintiffs-Appellants, v. Melvin C. ROSE, Individually; Herbert A. Hender, Individually; and Professional Evaluation Service, P.C., Defendants-Appellees (And State Farm Mutual Insurance Company, Defendant).

Appellate Court of Illinois, Third District.

As Modified On Denial of Rehearing June 15, 1993.

Attorney(s) appearing for the Case

Richard L. Steagall (argued), John P. Nicoara, and Nicoara & Steagall, Peoria, for plaintiffs-appellants.

Karen L. Kendall, Bradley S. McMillan (argued), Brent H. Gwillim, and Nicholas Bertschy, Heyl, Royster, Voelker & Allen, Peoria, for defendants-appellees.

James R. Morrison, Westervelt, Johnson, Nicoll & Keller, Peoria, for defendant.

Justice BARRY delivers Modified OPINION upon Denial of Petition for Rehearing:

Plaintiffs are thirteen chiropractors. Defendants are a chiropractic claims review service, Professional Evaluation Service, P.C. ("PES"), and its principals, Melvin Rose and Herbert Hender, and State Farm Mutual Insurance Company, a client of PES. Plaintiffs brought suit alleging sham reviews by PES of claims submitted to State Farm by plaintiffs...

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