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POTTER v. POTTER

No. 2-86-0788.

160 Ill. App.3d 444 (1987)

513 N.E.2d 423

RONNY H. POTTER, as Ex'r of the Estate of Melvin H. Potter, Deceased, Plaintiff and Counterdefendant-Appellant, v. KENNETH POTTER et al., Defendants and Counterplaintiffs-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied October 14, 1987.

Attorney(s) appearing for the Case

Narusis & Narusis, of Cary (Bernard V. Narusis, of counsel), for appellant.

Swanson & Rominski and Charles M. May, Ltd., both of Waukegan (Barbara Swanson Rominski, of counsel), for appellees.

Judgment affirmed in part, reversed in part and remanded.

JUSTICE WOODWARD delivered the opinion of the court:

Plaintiff, Ronny H. Potter, as executor of the estate of Melvin Potter, appeals from an order by the circuit court of Lake County granting defendants' motion to dismiss this action pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-619(a)(9)).

O.W. Potter & Sons, Inc., was created in 1948...

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