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ZIELNIK v. LOYAL ORDER OF MOOSE

No. 86-0241.

174 Ill. App.3d 409 (1988)

528 N.E.2d 384

FRANK C. ZIELNIK, Plaintiff-Appellant, v. LOYAL ORDER OF MOOSE, LODGE NO. 265, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Opinion filed August 26, 1988.

Attorney(s) appearing for the Case

Holstein, Mack & Dupree, of Chicago (John M. Mack, of counsel), for appellant.

Sandra Young, John T. Wardrope, and Joseph T. Scally, all of Purcell & Wardrope, Chartered, of Chicago, for appellee.

Order affirmed.

JUSTICE PINCHAM delivered the opinion of the court:

This appeal is from the dismissal of plaintiff's complaint against the defendant, the Loyal Order of Moose, Lodge No. 265, an unincorporated association. The sole issue on review is whether the defendant, Loyal Order of Moose, had the capacity to be sued when plaintiff's complaint was filed.

On April 11, 1985, the plaintiff, Frank C. Zielnik, filed a complaint against the defendant...

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