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KENT v. MUSCARELLO

No. 71-389.

9 Ill. App.3d 738 (1973)

293 N.E.2d 6

PHILIP J. KENT, Plaintiff-Appellant, v. JOSEPH L. MUSCARELLO et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

February 13, 1973.

Attorney(s) appearing for the Case

Franz & Franz, of Crystal Lake, for appellant.

Bruce E. Kaufman, of Waukegan, and Harry D. Lavery, of Chicago, both for appellees.

Judgment affirmed; motion allowed.

Mr. JUSTICE ABRAHAMSON delivered the opinion of the court:

The question here presented is whether an action for malicious prosecution is one for "injury to real or personal property" or "to the person", or, where two of the defendants are policemen, it is one "against officers for misfeasance, malfeasance or nonfeasance" within the meaning of the survival statute so as to survive plaintiff's death.

After the plaintiff...

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