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GILBERT-HODGMAN, INC. v. CHI. THOROUGHBRED ENT.

No. 58996.

17 Ill. App.3d 460 (1974)

308 N.E.2d 164

GILBERT-HODGMAN, INC., Plaintiff-Appellant, v. CHICAGO THOROUGHBRED ENTERPRISES, INC., Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

January 31, 1974.

Attorney(s) appearing for the Case

Hoffman & Davis, of Chicago (David I. Hoffman and John L. Leonard, of counsel), for appellant.

Daley, Reilly & Daley, of Chicago (James M. O'Shaughnessy, of counsel), for appellee.

Order affirmed in part, and reversed in part.

Mr. PRESIDING JUSTICE McNAMARA delivered the opinion of the court:

Prior to trial, plaintiff gave notice to defendant and sought a voluntary dismissal of its suit pursuant to section 52 of the Civil Practice Act (Ill. Rev. Stat. 1971, ch. 110, par. 52). The circuit court of Cook County granted the dismissal but taxed as costs to the plaintiff attorney's fees and certain expenses incurred by defendant's counsel...

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