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BALEY v. TONTI

No. 2-87-1228.

174 Ill. App.3d 828 (1988)

529 N.E.2d 35

FRANK C. BALEY et al., Plaintiffs-Appellants, v. JOSEPH F. TONTI et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed September 27, 1988.

Attorney(s) appearing for the Case

Michael A. Cotteleer & Associates, of Wheaton (Michael A. Cotteleer, of counsel), for appellants.

Sam J. Filippo, of Grief, Bus & Blacklidge, P.C., of West Chicago, and Richard L. Lucas, of Richard L. Lucas & Associates, Ltd., of Addison, for appellee Dalton P. Grief.

Michael A. Reiter, of Holleb & Coff, of Chicago (Lori A. Goldstein, of counsel), for other appellees.

Order reversed.

JUSTICE INGLIS delivered the opinion of the court:

This appeal arises from an order of the circuit court of Du Page County dismissing with prejudice plaintiffs' third action against defendants. Plaintiffs brought this action pursuant to section 13-217 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 13-217) permitting one refiling of an action following a voluntary dismissal or dismissal for want of prosecution. Plaintiffs...

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