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KINDEL v. TENNIS

No. 5-10-0403.

949 N.E.2d 1119 (2011)

409 Ill. App.3d 1138

James F. KINDEL, Plaintiff-Appellant, v. Louis TENNIS, Jason Tennis, and Tennis Dairy Farms, L.P., Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Rule 23 Filed April 12, 2011.

Motion to Publish Granted May 25, 2011.

As corrected June 10, 2011.

Attorney(s) appearing for the Case

Brian K. Hetzer, Hefner, Eberspacher & Tapella, L.L.C., Mattoon, IL, Jeffrey Lind, Fleschner, Stark, Tanoos & Newlin, Terre Haute, IN, for Appellant.

Larry N. Sloss, Jr., Derek W. McCullough, Gosnell, Borden, Enloe & Sloss, Ltd., Lawrenceville, IL, for Appellees.

OPINION

Justice SPOMER delivered the judgment of the court, with opinion.

The plaintiff, James F. Kindel, appeals the orders of the circuit court of Wabash County that (1) granted the motion of the defendants, Louis Tennis, Jason Tennis, and Tennis Dairy Farms, L.P., to dismiss three counts of the plaintiff's lawsuit against them and (2) denied the plaintiff's request that the court reconsider the dismissal. For the reasons that follow, we reverse...

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