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LOCKE v. BONELLO

No. 91-1036.

965 F.2d 534 (1992)

Eula LOCKE, as personal representative of Ralph C. Locke, Deceased, Plaintiff-Appellant, v. Julius BONELLO, M.D., G. Bruce Thow, M.D., and Robert B. Rowe, M.D., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1992.

Attorney(s) appearing for the Case

M. John Hefner, Jr. (argued), Heller, Holmes, Hefner & Eberspacher, Mattoon, Ill., for plaintiff-appellant.

Todd M. Tennant, James D. Cottrell (argued), Dobbins, Franker, Tennant, Joy & Perlstein, Champaign, Ill., for defendants-appellees.

Before MANION and KANNE, Circuit Judges, and WILL, Senior District Judge.

KANNE, Circuit Judge.

In this case, we decide whether the Illinois statute of limitations for medical negligence actions is tolled by an appeal to the Illinois Appellate Court of an order of voluntary dismissal. Because we hold that the statute of limitations was tolled by the appeal, we reverse the district court's dismissal of the plaintiffs' complaint.

The plaintiffs, Ralph and Eula Locke, first filed a personal...

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