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ROTH v. NORTHERN ASSURANCE CO. LTD.

No. 38537.

32 Ill.2d 40 (1964)

203 N.E.2d 415

LARRY ROTH d/b/a LARRY'S BARBEQUE, Appellant, v. NORTHERN ASSURANCE COMPANY LTD., et al., Appellees.

Supreme Court of Illinois.

Rehearing denied January 19, 1965.

Attorney(s) appearing for the Case

DAN BRUSSLAN, of Chicago, for appellant.

CLAUSEN, HIRSH, MILLER & GORMAN, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This case involves the construction and application of section 24 of the Limitations Act which provides that "if the plaintiff be nonsuited," and the time limited for bringing the action has run during the pendency of the action in which the nonsuit was entered, the plaintiff may commence a new action within one year. (Ill. Rev. Stat. 1963, chap. 83, par. 24a.) The circuit court...

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