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RICH v. BALDWIN

No. 5-83-0648.

133 Ill. App.3d 712 (1985)

479 N.E.2d 361

MERVIN L. RICH, Plaintiff-Appellant, v. KELLY L. BALDWIN et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed April 15, 1985.

Attorney(s) appearing for the Case

David Y. Eberspacher, of Harlan Heller, Ltd., of Mattoon, for appellant.

James D. Stout, of Zimmerly, Gadau, Stout, Selin & Otto, of Champaign, for appellees Kelly L. Baldwin, Leo Shook, and James Schultz.

Larry Battershell, of Robinson, for other appellees.

Reversed and remanded.

PRESIDING JUSTICE JONES delivered the opinion of the court:

The plaintiff, Mervin L. Rich, appeals from a judgment of the circuit court of Crawford County that dismissed with prejudice his second amended complaint alleging malicious prosecution. In dismissing the complaint, the court found as a matter of law that there had been "no final factual determination in favor of the plaintiff" in the criminal case referred to in the plaintiff...

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