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MOLITOR v. KANELAND UNIT DIST. NO. 302

No. 36588.

24 Ill.2d 467 (1962)

182 N.E.2d 145

NORMA MOLITOR et al., Appellants, v. KANELAND COMMUNITY UNIT DISTRICT NO. 302, Appellee.

Supreme Court of Illinois.

Rehearing denied May 23, 1962.

Attorney(s) appearing for the Case

REID, OCHSENSCHLAGER, MURPHY & HUPP, and GIVLER, MEILINGER & CASEY, both of Aurora, (DALE C. FLANDERS, of counsel,) for appellants.

MATTHEWS, JORDAN, DEAN & SUHLER, of Aurora, BURRELL & HOLTAN, of Freeport, and CARBARY & CARBARY, of Elgin, (JOHN T. MATTHEWS, DAVID M. BURRELL, and ROGER W. EICHMEIER, of counsel,) for appellee.

HAROLD W. NORMAN, of Chicago, for Illinois Association of School Boards, amicus curiae.

FRANK R. SCHNEBERGER, DAVID S. KERWIN, and KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, all of Chicago, (THOMAS F. SCULLY, of counsel,) for the Board of Education of the City of Chicago, and the Chicago Park District, amici curiae.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The circuit court of Kane County dismissed the common-law negligence counts of plaintiffs' complaints against defendant Kaneland Community Unit District No. 302. The Appellate Court affirmed the judgments of dismissal on the ground that they were based on an accident occurring prior to December 16, 1959 and were, therefore, barred by our decision in Molitor v. Kaneland...

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