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SHEPHERD v. MARSAGLIA

Gen. No. 11,426.

31 Ill. App.2d 379 (1961)

176 N.E.2d 473

Edwin L. Shepherd, Sr., et al., Plaintiffs-Appellants, v. James Marsaglia, d/b/a Jake's Tavern, et al., Defendants-Appellees.

Appellate Court of Illinois — Second District, Second Division.

Rehearing denied September 1, 1961.

Attorney(s) appearing for the Case

Peacock & Peacock, of Morris, for appellants.

Moran, Klockau, McCarthy, Schubert & Henss, of Rock Island, August B. Black, of Morris, Heineke, Conklin & Schrader, of Chicago, Richard Wilder, Root & Malmquist, Dunn & Hayes, all of Morris, and McKinley & Price, of Chicago, for appellees.

WRIGHT, J.

This is an appeal from an order entered by the Circuit Court of Grundy County, Illinois, dismissing Counts I, II and IV of plaintiffs' complaint and entering judgment in favor of the defendants. The complaint originally consisted of four counts but Count III was dismissed on oral motion of plaintiffs.

Count I of the complaint referred to by the parties as a "common law" count alleges in substance that plaintiff, Edwin L. Shepherd, Jr., is the son...

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