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SICKLER v. NAT'L DAIRY PRODUCTS CORP.

No. 13192.

38 Ill. App.3d 369 (1976)

349 N.E.2d 132

CHARLES SICKLER, Plaintiff, v. NATIONAL DAIRY PRODUCTS CORPORATION, et al., Defendants-Appellees. — (JOHNNIE SICKLER, Ex'r of the Estate of Charles Sickler, Deceased, Appellant.)

Appellate Court of Illinois — Fourth District.

Opinion filed May 20, 1976.

Attorney(s) appearing for the Case

Joseph T. McGuire, of Perz and McGuire, of Chicago, for appellant.

Harold A. Baker and Arthur D. Nicol, both of Champaign, for appellee Humko Products Division.

T.G. Knappenberger, Jr., of Champaign, for appellee Wesley Construction Company.

Phillips, Phebus, Tummelson & Bryan, of Urbana (Hurshal C. Tummelson, of counsel), for appellee Harlan E. Moore and Co.

Order affirmed.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

Plaintiff filed an action under the Structural Work Act. After plaintiff's death was suggested of record and the statutory period for substitution had expired, defendants filed motions to dismiss. These motions were granted. A motion by the executor of plaintiff's estate to be substituted as plaintiff was denied. The executor has appealed. We affirm the trial court.

Two issues...

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