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LAMBERT v. VILLAGE OF SUMMIT

No. 80-1504.

104 Ill. App.3d 1034 (1982)

433 N.E.2d 1016

EVELYN LAMBERT, Adm'r of the Estate of Richard P. Lambert, Jr., Deceased, Plaintiff-Appellee, v. THE VILLAGE OF SUMMIT et al., Defendants. — (METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, Defendant-Appellant.)

Appellate Court of Illinois — First District (3rd Division).

Opinion filed March 10, 1982.

Attorney(s) appearing for the Case

Allen S. Lavin, of Chicago (Charles W. Boyd and Paul D. Lindauer, Jr., of counsel), for appellant Metropolitan Sanitary District of Greater Chicago.

James T. Holton, of Chicago (A.J. Hardiman and Eugene C. Hardiman, of counsel), for appellee.

Order reversed.

PRESIDING JUSTICE WHITE delivered the opinion of the court:

Defendant, Metropolitan Sanitary District of Greater Chicago (District), brings this permissive interlocutory appeal pursuant to Supreme Court Rule 308 (Ill. Rev. Stat. 1979, ch. 110A, par. 308) from an order of the trial court denying both its motion to dismiss and its motion for summary judgment. The appeal presents the question:

"Can a wrongful death action be brought by...

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