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SCHMIDT v. SIEGAL TRADING CO.

No. 78-870.

72 Ill. App.3d 611 (1979)

391 N.E.2d 32

JAY H. SCHMIDT, Plaintiff-Appellee, v. SIEGAL TRADING CO., INC., Defendant-Appellant.

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

Opinion filed May 17, 1979.

Attorney(s) appearing for the Case

Max & Herman Chill, P.C., of Chicago (Max Chill, Herman Chill, and Donald B. Garvey, of counsel), for appellant.

Gene K. Edlin, Ltd., of Chicago (Gene K. Edlin, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE LINN delivered the opinion of the court:

On December 31, 1973, plaintiff, Jay H. Schmidt (Schmidt), filed an action in the Circuit Court of Cook County against defendant, Siegal Trading Co. (Siegal). On January 19, 1976, the case was dismissed for want of prosecution.

On January 18, 1978, one year and 364 days later, Schmidt filed a section 72 petition (Ill. Rev. Stat. 1977, ch. 110, par. 72) to vacate the dismissal order...

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