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ALBERS v. CHURCH OF THE NAZARENE

No. 82-1647.

698 F.2d 852 (1983)

Sarah ALBERS, a minor, by her father and next friend, Vinton L. ALBERS, Plaintiff-Appellant, v. CHURCH OF THE NAZARENE and the Lombard Church of the Nazarene Day Care Center, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 17, 1983.

Attorney(s) appearing for the Case

John A. O'Malley, O'Malley & O'Malley, Ltd., Chicago, Ill., for plaintiff-appellant.

Barry L. Kroll, C. Barry Montgomery & David E. Morgans, Chicago, Ill., for defendants-appellees.

Before BAUER and POSNER, Circuit Judges, and HOFFMAN, Senior District Judge.

POSNER, Circuit Judge.

This is an appeal by the plaintiff in a personal-injury case from a judgment entered on a jury verdict for the defendants. Federal jurisdiction is based on diversity of citizenship. The applicable substantive law is that of Illinois.

In 1976 the plaintiff, Sarah Albers, age 5 — a professional model despite her youth — was attending the Lombard Church of the Nazarene Day Care Center. There was a tree with low branches in...

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