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STEWART v. MISTER SOFTEE OF ILLINOIS, INC.

Gen. No. 51,128.

75 Ill. App.2d 328 (1966)

221 N.E.2d 11

Charles Stewart and Patsy Stewart, Co-Administrators of the Estate of Debra Stewart, Deceased, and Charles Stewart, Plaintiffs, v. Mister Softee of Illinois, Inc., a Corporation, and Russell Dudley, Defendants. Russell Dudley, Third Party Plaintiff-Appellant, v. Mary R. Collins, Third Party Defendant-Appellee.

Appellate Court of Illinois — First District, Fourth Division.

September 30, 1966.

Attorney(s) appearing for the Case

Pretzel, Stouffer, Nolan & Rooney, of Chicago (Howard C. Sorensen, of counsel), for third party plaintiff-appellant.

Beverly and Pause, of Chicago (Robert O. Duffy, of counsel), for third party defendant-appellee.

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

This is an appeal from the dismissal of a third-party complaint.

Plaintiffs brought an action against the defendants, Mister Softee of Illinois, Inc., and Russell Dudley, in which they alleged that the negligence of the aforesaid defendants caused the death of Debra Stewart, who was six years old. Russell Dudley, one of the defendants, filed a third-party complaint against Mary Collins in which...

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