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MULLINS v. CRYSTAL LAKE PARK DIST.

Gen. No. 70-2.

129 Ill. App.2d 228 (1970)

262 N.E.2d 622

Michael Mullins, a Minor, by Martha Mullins Schaefgen, His Mother and Next Friend, Plaintiff, v. Crystal Lake Park District, a Municipal Corporation, Crystal Lake Junior Chamber of Commerce (a/k/a Jaycees), a Non-Profit Corporation, and Melrose Display Fireworks, Inc., a Corporation, Defendants-Counterplaintiffs-Appellants, v. Thomas A. Stokes, a Minor, Defendant-Counterdefendant-Appellee.

Appellate Court of Illinois — Second District.

September 25, 1970.

Attorney(s) appearing for the Case

Diver, Ridge, Brydges and Bollman, of Waukegan, and Kell and Conerty, of Woodstock, for appellants.

Robert F. Casey and George E. Krippner, of Geneva, for appellee.

MR. JUSTICE SEIDENFELD delivered the opinion of the court.

The corporate defendants' counterclaim seeking indemnity against Stokes, a minor defendant,1 was dismissed on the pleadings. Counterplaintiffs appeal, claiming that a cause of action was properly stated based upon the theory of active-passive negligence.

The complaint of Michael Mullins, a minor, alleged that the Park District owned land which it leased to the Junior Chamber...

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