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BLAKE v. HY HO RESTAURANT, INC.

No. 5-94-0487.

652 N.E.2d 807 (1995)

273 Ill. App.3d 372

210 Ill.Dec. 5

Betty BLAKE, Special Administrator of the Estate of Jack Blake, deceased, Plaintiff-Appellee, v. HY HO RESTAURANT, INC. et al., Defendants and Third-Party Plaintiffs-Appellants (The City of Belleville, Third-Party Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

June 28, 1995.

Attorney(s) appearing for the Case

John I. Schaberg, Roberts, Perryman, Bomkamp & Meives, P.C., Belleville, for Kohnen Concrete Products, Inc.

Gordon R. Broom, J. Todd Hayes, Burroughs, Hepler, Broom, MacDonald & Hebrank, Edwardsville, for Acme Septic Tank & Sewer Cleaning.

John B. Gunn, Walker and Williams, P.C., Belleville, for Hy-Ho Restaurant, Inc., James Brede and Michael Mercurio— Adopted Briefs of Acme Septic Tank & Sewer Cleaning and Kohnen Concrete Products, Inc.

John W. Hoffman, Evans & Dixon, Edwardsville, for Metro-East Zipps, Inc.— Adopted Briefs of Acme Septic Tank & Sewer Cleaning and Kohnen Concrete Products, Inc.

D. Kendall Griffith, William F. Kopis, Hinshaw & Culbertson, Chicago, for appellee.

Presiding Justice MAAG delivered the opinion of the court:

Defendants and third-party plaintiffs, Acme Septic Tank & Sewer Cleaning, Kohnen Concrete Products, Inc., Hy Ho Restaurant, Inc., James Brede, Michael Mercurio, and Metro-East Zipps, Inc., appeal from a St. Clair County circuit court order dismissing the City of Belleville from the action as a third-party defendant.

Plaintiff, Betty Blake, individually and as special administrator of the estate...

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