WITHALL v. CAPITAL FEDERAL SAVINGS OF AM.

No. 85-2115.

155 Ill. App.3d 537 (1987)

508 N.E.2d 363

ROBERT A. WITHALL, Plaintiff-Appellant, v. CAPITOL FEDERAL SAVINGS OF AMERICA, f/k/a Capitol Federal Savings & Loan Association, et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Opinion filed May 4, 1987.


Attorney(s) appearing for the Case

Ashcraft & Ashcraft, Ltd., of Chicago (Timothy J. McGonnegle and John R. Withall, of counsel), for appellant.

Neal R. Novak and Marjorie E. Schaffner, both of McNeela & Griffin, Ltd., and Gomberg & Sharfman, Ltd., both of Chicago, for appellee Capitol Federal Savings of America.


Judgment affirmed.

JUSTICE O'CONNOR delivered the opinion of the court:

This is an appeal from an order dismissing all five counts of a complaint seeking damages for libel per se, libel per quod, and abuse of process. At issue on appeal is: (1) whether a finding that defamatory allegations in the complaint were untrue and made without reasonable cause negates the absolute privilege generally accorded pleadings; (2) whether the discovery rule...

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