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IN RE MARRIAGE OF SEMMLER

No. 60950.

107 Ill.2d 130 (1985)

481 N.E.2d 716

In re MARRIAGE OF RUSSELL CHARLES SEMMLER, Appellant, and PRISCILLA JEAN SEMMLER, Appellee.

Supreme Court of Illinois.

Opinion filed July 17, 1985.

Attorney(s) appearing for the Case

Goldsmith, Thelin, Schiller & Dickson, of Aurora (Richard D. Schiller and Bruce A. Brown, of counsel), for appellant.

William C. Murphy, Patrick M. Kinnally and Paul G. Krentz, of Murphy, Hupp, Foote & Mielke, of Aurora, for appellee.

Judgment reversed; cause remanded.

JUSTICE MORAN delivered the opinion of the court:

This appeal arises out of a two-count petition for dissolution of marriage filed by the plaintiff, Russell Semmler. The defendant, Priscilla Semmler, moved to dismiss count II of the petition which relied upon section 401(a)(2) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat., 1984 Supp., ch. 40, par. 401(a)(2) (hereinafter referred to as the no-fault...

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