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ROGERS v. DWIGHT

No. 55-C-326.

145 F.Supp. 537 (1956)

Laverne ROGERS, individually and as next friend of Donald Rogers and Allen Rogers, minors, Plaintiffs, v. George DWIGHT and Margaret Dwight, Defendants.

United States District Court E. D. Wisconsin.

November 6, 1956.

Attorney(s) appearing for the Case

Hugh M. Matchett, Frank E. O'Reilly, Chicago, Ill., Brooke Tibbs, Milwaukee, Wis., for plaintiffs.

Wolfe, O'Leary & Kenney, Milwaukee, Wis., for defendants.

GRUBB, District Judge.

This action is before the court on defendants' motion to dismiss the complaint on the ground that the complaint fails to state a claim upon which relief can be granted.

Count I of the complaint is brought under the provisions of Chapter 43, § 135, of the Illinois Revised Statutes, commonly referred to as the Illinois Dram Shop Act. That statute provides:

"Every husband, wife...

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