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MARTINEZ v. ROSENZWEIG

No. 78-313.

70 Ill. App.3d 155 (1979)

387 N.E.2d 1263

CARYL MARTINEZ et al., Plaintiffs-Appellants, v. OSCAR ROSENZWEIG, M.D., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Modified on denial of rehearing April 20, 1979.

Attorney(s) appearing for the Case

Robert S. Fritzshall, of Chicago, for appellants.

Pretzel, Stouffer, Nolan & Rooney, Chartered, of Chicago (Robert Marc Chemers and Joseph B. Lederleitner, of counsel), for appellee Oscar Rosenzweig, M.D.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Harry J. O'Kane, William J. Linklater, and Charles B. Lewis, of counsel), for appellee A.H. Robins Company.

Reversed and remanded.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Plaintiffs, Mr. and Mrs. Martinez, appeal from an order dismissing their complaint and amended complaint pursuant to section 48(1)(e) of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 48(1)(e)) on the basis that the action was barred by the applicable statute of limitations (Ill. Rev. Stat. 1977, ch. 83, pars. 15, 15.1 and 22.1). The sole issue on appeal is whether plaintiffs...

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