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A.E. STALEY MANUFACTURING CO. v. SWIFT & CO.

No. 53134.

84 Ill.2d 245 (1980)

419 N.E.2d 23

A.E. STALEY MANUFACTURING COMPANY, Appellee, v. SWIFT & COMPANY, Appellant.

Supreme Court of Illinois.

Rehearing denied March 27, 1981.

Attorney(s) appearing for the Case

Frederic S. Lane, Robert B. Millner, Marc C. Simon and Kirk R. Ruthenberg, of Sonnenschein, Carlin, Nath & Rosenthal, of Chicago, and Robert D. Winters, of Armstrong, Winters, Prince, Featherstun & Johnson, of Decatur, for appellant.

Samuels, Miller, Schroeder, Jackson & Sly, of Decatur, and Sacks, Montgomery, Pastore & Levine, of New York City (Stuart M. Levine and Nicholas J. Niers, of counsel), for appellee.

Appellate court affirmed in part and reversed in part; circuit court reversed.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

This is an appeal from a decision of the circuit court of Macon County granting a motion to dismiss filed by defendant, Swift & Company, under section 48(1)(c) of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 48(1)(c)). The appellate court reversed and remanded, one justice dissenting. (

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