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HOLLOWAY v. KROGER CO.

No. 4-93-0452.

625 N.E.2d 894 (1993)

253 Ill. App.3d 944

192 Ill.Dec. 739

Charles HOLLOWAY, Jr., Plaintiff-Appellant, v. The KROGER COMPANY, a foreign corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

December 9, 1993.

Attorney(s) appearing for the Case

Michael J. Costello, Costello Law Offices, Springfield, for plaintiff-appellant.

Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, Adrian E. Harless, Daniel R. Simmons, Heyl, Royster, Voelker, & Allen, Springfield, for defendant-appellee.

Presiding Justice McCULLOUGH delivered the opinion of the court:

On April 22, 1993, the circuit court of Sangamon County denied as untimely plaintiff's motion to vacate the order of dismissal, which order had dismissed his complaint for failing to file a new action within one year of a dismissal for want of prosecution. (Ill.Rev.Stat.1991, ch. 110, par. 13-217.) Plaintiff contends on appeal that (1) the circuit court abused its discretion by denying his motion to...

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