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SMITH v. CHICAGO TRANSIT AUTHORITY

No. 78-127.

67 Ill. App.3d 385 (1978)

385 N.E.2d 62

BERTHA MAE SMITH, Plaintiff-Appellant, v. THE CHICAGO TRANSIT AUTHORITY, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied January 18, 1979.

Attorney(s) appearing for the Case

Marshall I. Teichner, Ltd., of Chicago, for appellant.

Edward J. Egan, of Chicago (Joseph V. Roddy, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

We are asked to decide whether a plaintiff, having timely filed an action which is subsequently dismissed for want of prosecution, may refile the action again after both the original action and the first refiled action have been dismissed and still be entitled to have the Statute of Limitations tolled by section 24 of the Limitations Act. Ill. Rev. Stat. 1977, ch. 83, par. 24a.

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