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LIPPOLD v. BEANBLOSSOM

No. 12557.

23 Ill. App.3d 595 (1974)

319 N.E.2d 548

GERALD LIPPOLD et al., Plaintiffs-Appellants, v. JOY BEANBLOSSOM et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

November 21, 1974.

Attorney(s) appearing for the Case

David C. Wahl, of Wiseman, Shaikewitz, McGivern, Bacus & Wahl, of Alton, for appellants.

Phelps, Russell, Carmody & Kasten, of Carlinville (Thomas P. Carmody and Carl E. Kasten, of counsel) for appellees.

Order affirmed.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

Plaintiffs appeal from an order entered by the circuit court of Macoupin county granting defendants' motion to dismiss count one of plaintiff's complaint with prejudice. The issues before this court for resolution are: (1) Whether plaintiffs' motion to amend the complaint to conform to the proof should be permitted by this court, and (2) whether the trial court erred in dismissing count...

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