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AURORA NAT. BANK FOR USE OF KNOTT v. GALAUNER

Gen. No. 66-73.

81 Ill. App.2d 132 (1967)

224 N.E.2d 604

Aurora National Bank of Aurora, Illinois, as Administrator of the Estate of William P. Knott, Jr., Deceased, and Aurora National Bank of Aurora, Illinois, as Administrator of the Estate of William P. Knott, Jr., for the Use of Margie May Knott, Plaintiffs-Appellees, v. Charles Galauner, as Administrator of the Estate of Willis Otto Hood, Melvin Burt, Individually and d/b/a Babe's Tavern, Paul Zaccaria, Individually, and d/b/a Babe's Tavern, George Skiotes, Individually, and d/b/a 13th Club, Melvin Burt, d/b/a 13th Club, Jo Ann Wisneski, Individually, and d/b/a Jennie's Tavern, Defendants-Appellants.

Appellate Court of Illinois — Second District.

March 21, 1967.

Attorney(s) appearing for the Case

Matthews, Jordan, Dean and Suhler, of Aurora, for appellants.

Tyler and Peskind, and Charles L. Hughes, all of Aurora, for appellees.

MR. JUSTICE ABRAHAMSON delivered the opinion of the court.

This is an appeal from the Circuit Court of Kane County. The action was for the death of plaintiff's decedent while a guest in a motor vehicle being operated by defendant's decedent. The case was submitted to a jury which returned a verdict in favor of the defendant. On a post-trial motion, the trial court set aside the jury's verdict and the case for retrial.

The accident, which was fatal to both...

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