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KIVEN v. MERCEDES-BENZ OF NORTH AMERICA, INC.

No. 84-1836.

142 Ill. App.3d 245 (1985)

488 N.E.2d 559

NORMAN KIVEN, Personal Representative of the Estate of Miriam Kiven, Deceased, Plaintiff-Appellee, v. MERCEDES-BENZ OF NORTH AMERICA, INC., et al., Defendants (Chicago and North Western Transportation Company, Defendant-Appellant).

Appellate Court of Illinois — First District (4th Division).

Opinion filed November 27, 1985.

Attorney(s) appearing for the Case

George H. Brant and John P. Milroy, both of Chicago, for appellant.

No brief filed for appellee.

Judgment affirmed.

JUSTICE JOHNSON delivered the opinion of the court:

In this personal injury action defendant Chicago and North Western Transportation Company filed a motion to dismiss with prejudice pursuant to Supreme Court Rule 103(b) (87 Ill.2d R. 103(b)) because of plaintiff's failure to exercise due diligence in obtaining service of process after the statute of limitations had run. Plaintiff then filed a motion for voluntary dismissal. (Ill. Rev. Stat...

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