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HERNANDEZ v. DIAZ

Gen. No. 48,971.

45 Ill. App.2d 433 (1964)

196 N.E.2d 42

John Hernandez, Plaintiff-Appellant, v. Domingo Diaz, et al., Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

January 7, 1964.

Attorney(s) appearing for the Case

Scheffres, Allen & Hodes, of Chicago (Sheldon Hodes and Alan J. Scheffres, of counsel), for appellant.

Heineke, Conklin & Schrader, of Chicago (William H. Schrader, of counsel), for appellees, John Maluta, Hanna Kabaker, Sheldon S. Kabaker and Raymond H. Kabaker. Brody & Gore, of Chicago (Robert L. Brody, of counsel), for appellees, Anselmo Zunigo, Helen Zunigo and Carlos Avila. McKinley & Price, of Chicago (Louis Dennen, of counsel), for appellee, Enrique Venegas.

MR. PRESIDING JUSTICE BRYANT delivered the opinion of the court:

This is an appeal from a final order of June 28, 1962, dismissing defendants under count one of an action based upon section 135 of the Dram Shop Act (Ill Rev Stats 1961, c 43, § 135) and entering judgment thereon.

The question before the court is whether the 1955 amendments to the Dram Shop Act eliminated a cause of action by a person injured "in consequence" of the intoxication of any...

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