MOD. INDUS., INC. v. WALSH PRESS & DIE CO.

No. 81-1721.

111 Ill. App.3d 572 (1982)

444 N.E.2d 639

MODEL INDUSTRIES, INC., Plaintiff-Appellant and Cross-Appellee, v. WALSH PRESS & DIE COMPANY, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed December 23, 1982.


Attorney(s) appearing for the Case

Thomas J. Keevers, of Chicago (Thomas J. Keevers and Patricia M. Sack, of counsel), for appellant.

James T. Keating, of Chicago (James T.J. Keating and Elizabeth S. Davis, of counsel), for appellee.


Judgment reversed.

JUSTICE WILSON delivered the opinion of the court:

Prior to trial, Model Industries, Inc. (hereinafter Model), gave notice to Walsh Press & Die Company (hereinafter Walsh) and sought a voluntary dismissal of its suit pursuant to section 2-1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2-1009) formerly section 52 of the Civil Practice Act (Ill. Rev. Stat. 1981, ch. 110, par. 52) (hereinafter section 2-1009)....

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