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M. REESE HOSP. & M. CTR. v. CHICAGO HMO, LTD.

No. 1-88-2580.

196 Ill. App.3d 832 (1990)

554 N.E.2d 472

MICHAEL REESE HOSPITAL AND MEDICAL CENTER, Plaintiff-Appellant, v. CHICAGO HMO, LTD., Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed April 4, 1990.

Attorney(s) appearing for the Case

Jeffrey Lennard, Jay Conison, Barney I. Cohen, and Stephen J. Weiser, all of Sonnenschein, Carlin, Nath & Rosenthal, of Chicago, for appellant.

Howard J. Swibel, Arthur L. Klein, Patrick F. Geary, and Richard C. Gering, all of Arnstein & Lehr, of Chicago, for appellee.

Rudolf G. Schade, of Cassiday, Schade & Gloor, of Chicago, and Mark D. Deaton, of Naperville, for amici curiae.

Reversed and remanded.

JUSTICE WHITE delivered the opinion of the court:

Plaintiff, Michael Reese Hospital and Medical Center (Reese), appeals from an order of the circuit court granting defendant's motion to dismiss Reese's complaint with prejudice, pursuant to section 2-615 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-615). Reese argues that the trial court erred in finding that the complaint failed to state a claim for restitution...

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