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CATLETT v. NOVAK

No. 62837.

116 Ill.2d 63 (1987)

506 N.E.2d 586

MARVIN CATLETT, Appellant, v. JAMES NOVAK et al. (Illinois Central Gulf Railroad, Appellee).

Supreme Court of Illinois.

Opinion filed April 2, 1987.

Attorney(s) appearing for the Case

Robin Ellen Forbes and Gary B. Katz, of Benjamin & Shapiro, Ltd., of Chicago, for appellant.

James L. Pittman and Christ S. Stacey, of Chicago (James L. Pittman & Associates, Ltd., of counsel) for appellee.

Judgment vacated; cause remanded.

JUSTICE WARD delivered the opinion of the court:

The plaintiff, Marvin Catlett, filed a complaint in the circuit court of Cook County alleging negligence of the defendants, James Novak and the Illinois Central Gulf Railroad (ICG). Novak, claiming the plaintiff was not diligent in serving process, moved to dismiss the complaint with prejudice under Supreme Court Rule 103(b) (87 Ill...

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