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KRAKOWIAK v. SAMPSON

Gen. No. 51,221.

85 Ill. App.2d 71 (1967)

229 N.E.2d 578

Melissa Krakowiak, a Minor, by Edward Krakowiak, Her Father and Next Friend, and Edward Krakowiak, Individually, Plaintiffs-Appellants, v. Wendell Sampson and Fred Wubs, Individually and d/b/a Sampson and Wubs Construction Company, Esta Lee Sampson and Shirley Ann Wubs, Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

June 27, 1967.

Attorney(s) appearing for the Case

Maurice A. Frank and Kaplan and Kaplan, of Chicago (Marshall Kaplan, of counsel), for appellants.

Lloyd Speer and Pretzel, Stouffer, Nolan & Rooney, of Chicago (Joseph B. Lederleitner, of counsel), for appellees.

MR. JUSTICE BRYANT delivered the opinion of the court.

This is an appeal from a judgment following an order of the Circuit Court of Cook County striking plaintiffs' complaint and dismissing their cause of action. Plaintiffs contend on this appeal that the trial court erred in dismissing the complaint because the complaint on its face stated a cause of action thus making the issue one for the consideration of the jury.

Suit was brought on behalf of Melissa...

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