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BAKER v. SALOMON

No. 59592.

31 Ill. App.3d 278 (1975)

334 N.E.2d 313

CROWDUS BAKER et al., Plaintiffs-Appellants, v. WILLIAM R. SALOMON et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

July 29, 1975.

Attorney(s) appearing for the Case

Arnstein, Gluck, Weitzenfeld & Minow, of Chicago (John F. McClure, of counsel), for appellants.

Sidley & Austin, of Chicago (Newton N. Minow, Theodore N. Miller, Edmund H. Kerr, and Cleary, Gottlieb, Steen & Hamilton, of counsel), for appellees.

Order affirmed.

Mr. JUSTICE LEIGHTON delivered the opinion of the court:

Our statute governing civil practice provides that if, at the time a suit is filed, another is pending between the same parties for the same cause, the defendant may file a motion to dismiss. Using this ground, defendants moved to dismiss plaintiffs' suit. They were sustained. In this appeal, the issue presented is whether a suit filed by defendants in New York 59 minutes before this...

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