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SILVER v. LEE SHELL EQUIPMENT CORP.

Gen. No. 48,301.

31 Ill. App.2d 266 (1961)

175 N.E.2d 287

Willard Silver and Stuart Silver, Copartners, d.b.a. Silver Bros. Food Shop, Plaintiffs-Appellants, v. Lee Shell Equipment Corporation, a Corporation, and I.W. Shell and William Shell, Individually and as Copartners, d.b.a. Lee Shell Equipment Company, a Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

April 26, 1961.

Attorney(s) appearing for the Case

Clausen, Hirsh, Miller & Gorman, of Chicago (Jerome H. Torshen, of counsel) for appellants.

Arvey, Hodes & Mantynband, of Chicago (Howard Arvey and Jack H. Oppenheim, of counsel) for appellees.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

On motion of defendants I.W. Shell and William Shell, the trial court dismissed the suit as against them on the ground that they had not been made parties defendant within the period of limitations provided by law. From this order, plaintiffs have appealed.

The question presented to us is whether the exception to the Limitations Act provided for in sec. 46(4) of the Civil Practice Act, Ill...

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