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SCHLENZ v. CASTLE

No. 78-586.

80 Ill. App.3d 1131 (1980)

400 N.E.2d 753

RUSSELL G. SCHLENZ et al., Plaintiffs-Appellants, v. JOHN W. CASTLE et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed February 7, 1980.

Attorney(s) appearing for the Case

Paul E. Hamer, of Northbrook, Robert S. Cushman and Thomas J. McNulty, both of Keck, Mayhin & Cate, Jack Uretsky, of Ruff & Grotefeld, and Isham, Lincoln & Beale, all of Chicago, for appellants.

William J. Scott, Attorney General, of Chicago (George H. Klumpner, Assistant Attorney General, of counsel), Dennis P. Ryan, State's Attorney, of Waukegan (William J. Blumthal, Assistant State's Attorney, of counsel), and Murray R. Conzelman, of Conzelman, Schultz, Snarski & Mullen, of Waukegan, for appellees.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE WOODWARD delivered the opinion of the court:

On October 2, 1979, we filed our original opinion in this cause; on October 4, 1979, the supreme court announced its decision in Roth v. Yackley (1979), 77 Ill.2d 423, 396 N.E.2d 520, which we discuss later; on October 19, 1979, plaintiffs filed a petition for rehearing...

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