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BERLIN v. NATHAN

No. 76-1465.

64 Ill. App.3d 940 (1978)

381 N.E.2d 1367

LEONARD BERLIN, Plaintiff-Appellee, v. GILBERT NATHAN et al., Defendants-Appellants.

Appellate Court of Illinois — First District (4th Division).

Opinion filed September 14, 1978.

Attorney(s) appearing for the Case

Lane & Munday and Benjamin & Shapiro, both of Chicago (William J. Harte, Ltd., of counsel), for appellants Fred Benjamin and Stuart Shapiro.

Charles Locker, of Chicago, for appellants Harriet and Gilbert Nathan.

Wayne B. Giampietro, of Chicago (Joel Edelman and Ligtenberg, DeJong, Poltrock & Giampietro, of counsel), for appellee.

Burditt & Calkins, of Chicago (Richard E. Favoriti and Donald L. Metzger, of counsel), for amicus curiae.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

This case involves another of the many retaliatory actions which physicians in Illinois and other States who have been sued for malpractice are filing against both the original plaintiff and the original attorney. In this case the original plaintiff's husband was sued as well. In accord with the other cases in Illinois and elsewhere, we hold that the...

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