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TOWN OF CITY OF CHAMPAIGN v. OVERMEYER'S INC.

Gen. No. 10,179.

18 Ill. App.2d 523 (1958)

152 N.E.2d 752

Town of City of Champaign and Pearl Ewing, Plaintiffs. Town of City of Champaign, Plaintiff-Appellant, v. Overmeyer's Inc., Defendant-Appellee.

Appellate Court of Illinois — Third District.

Rehearing denied October 3, 1958.

Released for publication October 3, 1958.

Attorney(s) appearing for the Case

Greaves & Harper, of Champaign, for plaintiff-appellant.

Wilson, Siebert, Lynaugh & Abney, of Springfield (John P. Lynaugh, of counsel) for defendant-appellee.

PRESIDING JUSTICE ROETH delivered the opinion of the court.

The question involved in this appeal is a narrow and limited one. It is so conceded by both parties.

The plaintiff is a township. It commenced an action under the 1955 Amendment of the Dramshop Act, Ill. Rev. Stat. 1955, Chap. 43, Section 135, against the defendant dramshop keeper claiming that it was injured in its property.

The defendant filed a motion to dismiss, assigning as the sole and...

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