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SEGERS v. INDUSTRIAL COMM'N

No. 87816.

732 N.E.2d 488 (2000)

191 Ill.2d 421

247 Ill.Dec. 433

Eva SEGERS, Appellee, v. The INDUSTRIAL COMMISSION et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied July 3, 2000.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, of Springfield (Joel D. Bertocchi, Solicitor General, and Paul Racette, Assistant Attorney General, of Chicago, of counsel), for Appellant Industrial Commission.

L. Robert Mueller, of Livingstone, Mueller, O'Brien & Davlin, P.C., of Springfield, for Appellant Old Ben Coal Co.

Harold B. Culley, Jr., and Bruce R. Wissore, of Culley & Wissore, of Raleigh, for Appellee.

Justice HEIPLE delivered the opinion of the court:

Plaintiff brought a declaratory judgment action in Franklin County circuit court seeking a declaration that section 9 of the Workers' Occupational Diseases Act (820 ILCS 310/9 (West 1998)) does not bar her claim for death benefits under the Act, or if it does, that section 9 is unconstitutional. The circuit court granted defendant Old Ben Coal Company's motion for summary judgment. Plaintiff appealed, and the appellate...

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