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WILLIAMS v. OWEN

Civ. A. No. 1638-D.

179 F.Supp. 268 (1959)

Charles H. WILLIAMS, J. L. Ware, M. Kinsey, Rosalie Wilson and Leona Brown, Plaintiffs, v. Melvin Shad OWEN, d/b/a "Four Way Cafe—Gertrude's Home Cooking," Glen Hutchinson, d/b/a "Glen's Restaurant," Robert White and Eva White, d/b/a "Bob White Cafe," Defendants.

United States District Court E. D. Illinois.

December 18, 1959.

Attorney(s) appearing for the Case

Richard D. Tumbel, Jr., McCoy, Ming, & Leighton, Chicago, Ill., Billy Jones, East St. Louis, Ill., for plaintiffs.

Ralph D. Walker and Edward G. Maag, Walker & Williams, East St. Louis, Ill., Loyd M. Bradley, Carbondale, Ill., for defendants.

JUERGENS, District Judge.

This cause is before the Court on the defendants' motion to dismiss the complaint. They allege that Counts I, III and V of the complaint are based on the provisions of Section 125, Chapter 38, Illinois Revised Statutes, and under the provisions of said statute liability is limited to $500, and that in Counts II, IV and VI the plaintiffs assert a common law action for which there is no foundation under Illinois law.

The defendants...

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