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JOHNSTON v. GIRVIN

Gen. No. 50,030.

61 Ill. App.2d 47 (1965)

208 N.E.2d 894

Irven B. Johnston and Julia D. Johnston, Plaintiffs-Appellants, v. Esther Girvin, d/b/a Esther Easter School of Dancing, and Oak Lawn Community High School District 229, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

June 30, 1965.

Attorney(s) appearing for the Case

Edmund W. Lord, of Chicago, for appellants.

Klein and Thorpe, of Chicago (C.D. Kasson, of counsel), for Oak Lawn Community High School District Number 229, appellee.

MR. JUSTICE MURPHY delivered the opinion of the court.

Plaintiffs seek damages for injuries which occurred on June 7, 1958, while in the boys' gymnasium of the defendant Oak Lawn Community High School District 229. The court allowed the motion of defendant Oak Lawn that it be dismissed as a party defendant on the ground that on the date of the alleged occurrence it "did not have in existence any contract of insurance whereby said Defendant could be held liable in...

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