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VAN DEKERKHOV v. CITY OF HERRIN

No. 44188.

51 Ill.2d 374 (1972)

282 N.E.2d 723

GUSTAVE VAN DEKERKHOV, Appellee, v. THE CITY OF HERRIN, Appellant.

Supreme Court of Illinois.

Modified on denial of rehearing May 25, 1972.

Attorney(s) appearing for the Case

ELMER JENKINS and JEFF TROUTT, of Benton, for appellant.

THOMAS W. HANEY, of Herrin, and JOHN E. JACOBSEN, of CRAIG & CRAIG, of Mt. Vernon, for appellee.

Appellate court rev.; circuit court aff'd.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

The plaintiff, Gustave Van Dekerkhov, brought this action under the Structural Work Act (Ill. Rev. Stat. 1969, ch. 48, pars. 60-69) against the defendant, the City of Herrin. The circuit court of Williamson County granted the defendant's motion to dismiss the complaint for failure to state a cause of action, and also granted the plaintiff leave

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