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DELIBERTO v. STAHELIN

No. 2-87-1095.

171 Ill. App.3d 355 (1988)

525 N.E.2d 584

MICHAEL J. DELIBERTO, Plaintiff-Appellant, v. LELAND STAHELIN et al., Defendants-Appellees (Robert T. Cunningham et al., Defendants).

Appellate Court of Illinois — Second District.

Rehearing denied July 27, 1988.

Attorney(s) appearing for the Case

George N. Avgeris, of George N. Avgeris, Chartered, of Hinsdale (Timothy M. Fisher, of counsel), for appellant.

James P. DeNardo and Patricia R. Morton, both of McKenna, Storer, Rowe, White & Farrug, of Chicago (Christine L. Olson, of counsel), for appellee Leland Stahelin.

O'Reilly, Cunningham, Norton & Mancini, of Wheaton (James L. DeAno, of counsel), for appellee Eagle Lawn Sprinkler Systems.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

Plaintiff, Michael J. Deliberto, appeals from a summary judgment entered in favor of defendants, Leland Stahelin and Eagle Lawn Sprinkler Systems (Eagle). Plaintiff contends that the trial court erred in granting summary judgment because genuine issues of material fact raised by the parties had not been resolved. We reverse.

At about 11:30 on the evening of September 13, 1984,...

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