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ESCZUK v. CHICAGO TRANSIT AUTHORITY

Gen. No. 51,691.

84 Ill. App.2d 247 (1967)

228 N.E.2d 553

Bernice Esczuk, Plaintiff-Appellant, v. Chicago Transit Authority, a Municipal Corporation, Bernard Kupinski, Greco Contractors, Inc., and Eugene McCartney, Defendants-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

May 26, 1967.

Attorney(s) appearing for the Case

Bernard Davis and Leon C. Wexler, of Chicago (Leon C. Wexler, of counsel), for appellant.

George J. Schaller, O.R. Hamlink and Jerome F. Dixon, of Chicago, for Chicago Transit Authority and Bernard Kupinski, appellees.

Mortimer, Nolan, O'Malley and Dunne, of Chicago, for Greco Contractors, Inc., and Eugene McCartney, appellees.

MR. JUSTICE DRUCKER delivered the opinion of the court.

Plaintiff appeals from a denial of her petition to reinstate the case after a dismissal for want of prosecution when she failed to appear for pretrial.

[1-3] Plaintiff's verified petition, to which defendants did not file an answer or a motion to strike, was filed under section 72 of the Civil Practice Act (Ill Rev Stats 1963, c 110, § 72) and stated that the case was

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