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COBLE v. CHICAGO HEALTH CLUB, INC.

No. 76-694.

369 N.E.2d 188 (1977)

53 Ill. App.3d 1019

11 Ill.Dec. 734

Florence COBLE, Administratrix of the Estate of John Robert Coble, Deceased, Plaintiff-Appellee, v. CHICAGO HEALTH CLUB, INC., Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

October 13, 1977.

Attorney(s) appearing for the Case

McKenna, Storer, Rowe, White & Farrug, Chicago (Robert S. Soderstrom and Robin J. Omahana, Chicago, of counsel), for defendant-appellant.

Eugene I. Pavalon, Stephen Jay McMullen, Asher, Greenfield, Goodstein, Pavalon & Segall Ltd., Chicago (Richard F. Gallagher and Russell H. Petrak, Chicago, of counsel), for plaintiff-appellee.

ROMITI, Justice:

The defendant in this case appeals from an order denying its motion to dismiss the plaintiff's complaint in a wrongful death action on the grounds that action was barred by an exculpatory clause. We dismiss the appeal since there was no final order.

The defendant in this case operates a series of health clubs. Each has a swimming pool. When a person buys a membership in the health club, he signs a retail installment contract, which contains...

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