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FLESNER v. YOUNGS DEVELOPMENT CO.

No. 5-89-0531.

563 N.E.2d 1097 (1990)

205 Ill. App.3d 636

150 Ill.Dec. 970

E.H. FLESNER; Annette Flesner Douglas a/k/a Annetta E. Douglas, Individually and as Administrator De Bonis Non of the Estate of Henry J. Flesner, Deceased, and as Executrix of the Estate of Anna M. Flesner, Deceased; Gertrude Flesner Waterbury; Mildred Flesner Ogle; Hanna I. Crane; Reino C. Lanto; John Gadau; and Arthur M. Lerner, Plaintiffs-Appellees, v. YOUNGS DEVELOPMENT COMPANY, a partnership; C. James Youngs; and Darwin Youngs, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

November 16, 1990.

Attorney(s) appearing for the Case

Richard F. Record, Jr. and Paul R. Lynch of Craig & Craig, Mount Vernon, for defendants-appellants.

John Gadau of Zimmerly, Gadau, Selin & Otto, Champaign, and Reino C. Lanto of Wilson & Lanto, P.C., Rantoul, for plaintiffs-appellees.

Justice CHAPMAN delivered the opinion of the court:

Plaintiffs initially filed this claim in the United States District Court on May 7, 1981, and it was dismissed on November 12, 1981, for want of jurisdiction. Plaintiffs refiled in the circuit court of Jefferson County, Illinois, on April 22, 1982, and on December 17, 1986, over defendants' objection, the trial court allowed plaintiffs to take a voluntary dismissal.

The present litigation, the third filing...

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