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ANDERSON v. SUTTER

No. 82-1033.

119 Ill. App.3d 1070 (1983)

458 N.E.2d 39

A. HAROLD ANDERSON et al., Plaintiffs-Appellants, v. EDWIN F. SUTTER et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed December 7, 1983.

Attorney(s) appearing for the Case

Donald H. Geiger, of Waukegan, for appellants.

Stephen G. Applehans and Charles W. Smith, both of Rosing, Magee & Applehans, of Waukegan, for appellees.

Reversed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

Plaintiffs, A. Harold Anderson and William Hutson, appeal from that portion of a December 2, 1982, order of the trial court which granted a motion to dismiss their complaint, which sought damages and injunctive relief, against defendant, the village of Third Lake (village).

The issues we must determine on plaintiffs' appeal are: (1) whether the notice of injury provision of...

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