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WILLS v. METZ

Gen. No. 10,901.

89 Ill. App.2d 334 (1967)

231 N.E.2d 628

Stephen P. Wills, a Minor, by Orville Wills, His Father and Next Friend, Plaintiff-Appellant, v. Lewis Metz, Individually, Lewis Metz as Road Commissioner of Fayette Township, Livingston County, Illinois, Fayette Township in Livingston County, Illinois, and Livingston County in the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

December 6, 1967.

Attorney(s) appearing for the Case

S.F. Dolgin, of Fairbury, and Daniel Karlin, of Chicago, for appellant.

Chester Crabtree, State's Attorney of Livingston County, of Pontiac, and Adsit, Thompson, Strock & Strong, of Pontiac, for appellees.

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

Plaintiff's second amended complaint for personal injuries and property damage against the named defendants was dismissed and judgment entered for the defendants. The action of the circuit court was based solely upon the fact that the complaint was found not to state a cause of action "by reason of the fact that the ... Plaintiff failed to serve notice on the Defendants, or any of them, as provided and...

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