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DAILY v. HARTLEY

No. 78-293.

77 Ill. App.3d 697 (1979)

396 N.E.2d 586

CLARENCE R. DAILY, Plaintiff-Appellant, v. GEORGE HARTLEY, Public Adm'r of the Estate of Richard Mac Farlane, Deceased, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed October 24, 1979.

Attorney(s) appearing for the Case

Theodore J. Bednarek and George P. Troha, both of Troha, Troha & Bednarek, of Joliet, for appellant.

Sidney Z. Karasik, of Chicago, and Frank H. Masters, Jr., of Robson, Masters, Ryan, Brumund & Belom, of Joliet, for appellee.

Judgment affirmed.

Mr. JUSTICE BARRY delivered the opinion of the court:

This case involves an appeal from an order of the Circuit Court of Will County dismissing the complaint of plaintiff Clarence R. Daily with prejudice pursuant to Supreme Court Rule 103(b) (Ill. Rev. Stat. 1977, ch. 110A, par. 103(b)) on the grounds that he had not been diligent in obtaining service upon the now deceased defendant Richard Mac Farlane. For the reasons stated hereafter,...

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