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PRATL v. HAWTHORN-MELLODY FARMS DAIRY, INC.

Nos. 76-657 and 76-1094.

368 N.E.2d 767 (1977)

53 Ill. App.3d 344

11 Ill.Dec. 216

Walter PRATL et al., Plaintiffs-Appellants, v. HAWTHORN-MELLODY FARMS DAIRY, INC., et al., Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

October 4, 1977.

Attorney(s) appearing for the Case

William J. Harte, Ltd., Chicago, for plaintiffs-appellants; Richard F. Prendergast, Chicago, of counsel.

James S. Whitehead, Sidley & Austin, Chicago, for Borde's Dairy, Inc.

David I. Spark, Spark & Holleb, Chicago, for Kraml Dairy Co.

Rothschild, Barry & Myers, John J. Coffey, III, Chicago, for Hawthorn-Mellody Farms Dairy, Inc.

STAMOS, Justice:

This appeal arises from the granting, by the circuit court of Cook County, of motions for summary judgment in favor of defendants Hawthorn-Mellody Farms Dairy, Inc., Dean Foods Company, Inc., Kraml Dairy Company, Sidney Wanzer & Sons, Inc. and Borden's Dairy Company. The granting of these motions was based upon an application of the equitable doctrine of laches and the statute of limitations, both operating as bars to plaintiffs' cause of action...

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