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MALOTT v. HART

No. 3-87-0379.

167 Ill. App.3d 209 (1988)

521 N.E.2d 137

RICHARD MALOTT et al., Plaintiffs-Appellants, v. WILLIAM DWIGHT HART, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed March 7, 1988.

Attorney(s) appearing for the Case

Harvey & Stuckel, of Peoria (James M. Janovetz, of counsel), for appellants.

Duncan B. Cooper III, of Heyl, Royster, Voelker & Allen, of Peoria (Craig S. Young, of counsel), for appellee.

Judgment affirmed.

JUSTICE HEIPLE delivered the opinion of the court:

The plaintiffs, Mr. and Mrs. Malott, brought suit against the defendant, William Dwight Hart, pursuant to the Animal Control Act (Ill. Rev. Stat. 1985, ch. 8, par. 351 et seq. (Act)). The Act provides in pertinent part:

"If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the...

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