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LEMINGS v. COLLINSVILLE SCH. DIST. NUMBER TEN

No. 82-549.

118 Ill. App.3d 363 (1983)

454 N.E.2d 1139

MICHELLE LEMINGS, A Minor, by and through Her Mother and Next Friend, Sandra Lemings, et al., Plaintiffs-Appellees, v. COLLINSVILLE SCHOOL DISTRICT NUMBER TEN et al., Defendants — (Metro East Disposal, Inc., Defendant-Appellant; Donald Delashmit, Defendant).

Appellate Court of Illinois — Fifth District.

Opinion filed September 30, 1983.

Attorney(s) appearing for the Case

John H. Marshall, of St. Louis, Missouri, for appellant.

Jack A. Strellis, of Waterloo, for appellees.

Order affirmed.

PRESIDING JUSTICE HARRISON delivered the opinion of the court:

Defendant Metro East Disposal, Inc. filed an interlocutory appeal from an order overruling its motion to dismiss plaintiffs' second amended complaint. The question, which was raised by the pleadings and certified by the trial court for appeal pursuant to Supreme Court Rule 308, is whether defendant's motion to dismiss should have been sustained as a matter of law. For the following...

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