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SCHEFF v. THE HOMESTRETCH, INC.

No. 78-38.

60 Ill. App.3d 424 (1978)

377 N.E.2d 305

RONALD SCHEFF et al., Plaintiffs, v. THE HOMESTRETCH, INC., et al., Defendants. — (RONALD SCHEFF, Plaintiff-Appellant; Quad City Raceway, Inc., Defendant-Appellee.)

Appellate Court of Illinois — Third District.

Opinion filed May 31, 1978.

Attorney(s) appearing for the Case

Robert J. Noe, of Bozeman, Neighbour, Patton & Noe, of Moline, for appellant.

Peter H. Lousberg and Raymond J. Conklin, both of Klockau, McCarthy, Lousberg, Ellison & Rinden, of Rock Island, for appellee.

Reversed and remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

Plaintiff Ronald Scheff appeals from the dismissal by the Circuit Court of Rock Island County of his Dramshop action. The trial court granted the motion of defendant Quad-City Raceway, Inc. (Quad-City), to dismiss the suit, which decision was based upon a document described as a release executed in defendant's favor by plaintiff. On appeal plaintiff contends (1) that any such exculpatory...

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