UPS v. CHURCH'S FRIED CHICKEN, INC.

No. 87-1144.

174 Ill. App.3d 378 (1988)

528 N.E.2d 367

UNITED PARCEL SERVICE, Plaintiff-Appellant, v. CHURCH'S FRIED CHICKEN, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied September 27, 1988.


Attorney(s) appearing for the Case

Thomas G. King, of Chicago, for appellant.

Michael J. Lefevour, of Chicago, for appellee Church's Fried Chicken, Inc.

Kiesler & Berman, of Chicago (Rory Cassidy, of counsel), for appellee Timothy Mason.


Judgment reversed.

JUSTICE JOHNSON delivered the opinion of the court:

Plaintiff, United Parcel Service, appeals from an order of the circuit court of Cook County dismissing its amended complaint. The sole issue for review is whether the amended complaint relates back to the time of the originally filed action, so as to avoid the bar of the statute of limitations.

We reverse.

On June 1, 1983...

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