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LUBOWSKY v. SKOKIE VALLEY COMMUNITY HOSP.

No. 78-1775.

79 Ill. App.3d 909 (1979)

398 N.E.2d 1037

HANNA LUBOWSKY, Indiv. and as Personal Representative of the Estate of Dan Lubowsky, Deceased, Plaintiff and Petitioner-Appellee, v. SKOKIE VALLEY COMMUNITY HOSPITAL et al., Defendants. — (THE UNIVERSITY OF CHICAGO, Defendant and Respondent-Appellant.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed December 26, 1979.

Attorney(s) appearing for the Case

Menk and Bishop, of Chicago (John Cadwalader Menk, Ronald T. Bishop, and John T. Mehigan, of counsel), for appellant.

John D. Hayes, of John D. Hayes & Associates, Ltd., of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE HARTMAN delivered the opinion of the court:

The salient issue in this appeal is whether an order entered on April 26, 1976, dismissing "with prejudice" certain defendants from a suit for alleged medical negligence, which order was based upon "* * * oral motion and by agreement * * *" of the parties, should have been vacated upon a petition pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 72...

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