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BROWN v. BURDICK

No. 72-264.

16 Ill. App.3d 1071 (1974)

307 N.E.2d 409

JOSEPH BROWN, Plaintiff-Appellant, v. WILLARD BURDICK, Defendant-Appellee.

Appellate Court of Illinois — Second District.

February 15, 1974.

Attorney(s) appearing for the Case

William R. Jacobs, of Chicago, and Byron P. Finegan, of Des Plaines, for appellant.

Gilbert & Powers, of Rockford, for appellee.

Judgment affirmed.

Mr. JUSTICE THOMAS J. MORAN delivered the opinion of the court:

This is an appeal from an order dismissing plaintiff's second complaint. Plaintiff claims that his second suit was not barred by the statute of limitations, that the dismissal of the initial suit (for want of prosecution) was not grounds for dismissing the second suit, and dismissal of the prior suit during pendency of the second suit removed any grounds for a plea of abatement...

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