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D'AMICO v. MORIARTY MEAT CO.

Gen. No. 49,164.

47 Ill. App.2d 63 (1964)

197 N.E.2d 445

Leo F. D'Amico, Plaintiff, v. Moriarty Meat Company, a Corporation, Defendant-Third-Party Plaintiff-Appellant, v. Hart Motor Express, Inc., Third-Party Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

March 9, 1964.

Attorney(s) appearing for the Case

B.F. Martin, of Chicago (Frank Glazer, of counsel), for appellant.

Van Duzer, Gershon & Jordan, of Chicago, for appellee.

MR. PRESIDING JUSTICE MURPHY delivered the opinion of the court.

Defendant appeals from the dismissal of its third-party complaint in a personal injury action. The motion to dismiss was grounded on the premise that the third-party complaint alleged a cause of action for contribution or indemnity by the joint tort-feasor. In the order of dismissal, the court found there was "no just reason for delaying enforcement or appeal."

Defendant concedes that "it is...

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