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SCHWARTZ v. MOATS

No. 11442.

3 Ill. App.3d 596 (1971)

277 N.E.2d 529

FRED SCHWARTZ, d/b/a SCHWARTZ CHEMICAL SERVICE, Plaintiff-Appellee, v. L.E. MOATS et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Rehearing denied January 28, 1972.

Attorney(s) appearing for the Case

Thomas F. Londrigan, of Springfield; Boyle & Wynn, of Carlinville; and Schimmel & Schimmel, of Pittsfield, for appellants.

Schmiedeskamp, Jenkins, Robertson & House, of Quincy, (Theodore G. House, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE SMITH delivered the opinion of the court:

Pursuant to Rule 219(c) of the Supreme Court, Ill. Rev. Stat. 1969, ch. 110A, par. 219), defendants' answer was dismissed and judgment entered for plaintiff in the amount sought in his complaint. This sub-paragraph reads as follows:

"If a party * * * unreasonably refuses to comply with any provision of rules [relating to discovery] or fails to comply with any order entered...

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