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RUMBOLD v. TOWN OF BUREAU

No. 3-90-0637.

581 N.E.2d 809 (1991)

221 Ill. App.3d 222

163 Ill.Dec. 655

Ezra RUMBOLD and Herb Rumbold, Plaintiffs-Appellants, v. The TOWN OF BUREAU, A Municipal Corporation; Richard Eckberg, as the Highway Commissioner of Bureau Township and of the Road District comprising Bureau Township, in Bureau County, Illinois; and the Bureau Township Highway Commissioner, a Municipal Corporation, Defendants-Appellees.

Appellate Court of Illinois, Third District.

October 31, 1991.

Attorney(s) appearing for the Case

Roger C. Bolin, argued and Linn C. Goldsmith, Boyle, Goldsmith, Shore & Bolin, Hennepin, for Ezra and Herb Rumbold.

Douglas A. Gift, argued Herbolsheimer, Lannon, Henson, Duncan & Reagan, LaSalle, for Town of Bureau, Richard Eckberg and Bureau Tp. Highway Com'n.

Justice SLATER delivered the opinion of the court:

Plaintiffs appeal from the order of the circuit court dismissing plaintiffs' third amended complaint with prejudice. Although not specifically stated, we view the dismissal to be pursuant to section 2-615 of the Code of Civil Procedure (Ill.Rev.Stat. 1989, ch. 110, par. 2-615).

Plaintiffs, Ezra and Herb Rumbold, are engaged in the business of farming which necessitates...

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