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McCULLOUGH v. TOMAICH

No. 73-141.

20 Ill. App.3d 262 (1974)

314 N.E.2d 643

JAMES L. McCULLOUGH et al., Plaintiffs-Appellees, v. FRANK A. TOMAICH et al., Individually and d/b/a TOMAICH'S TAVERN, Defendants-Appellants.

Appellate Court of Illinois — Third District.

July 18, 1974.

Attorney(s) appearing for the Case

Sidney Karasik, of Chicago, for appellants.

Timothy O'Brien, of Horwitz, Anesi & Ozmon, of Chicago, for appellees.

Order affirmed and cause remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

This is an appeal from an order of the Circuit Court of Will County denying a motion to dismiss an action filed under the Illinois Dram Shop Act (Ill. Rev. Stat. 1967, ch. 43, § 135).

Plaintiff James L. McCullough, alleging that on September 23, 1966, he was shot and injured by an intoxicated person, instituted on September 5, 1967, an action against defendants...

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