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CUMMINGS v. CITY OF WATERLOO

No. 5-96-0546.

683 N.E.2d 1222 (1997)

289 Ill. App.3d 474

225 Ill.Dec. 559

Mark CUMMINGS, Russell Watters, Sandra Watters, Donald R. Hammers, Dennis Bagby, Allen Mueller, and Katherine Mueller, Plaintiffs-Appellants, v. CITY OF WATERLOO, a Municipal Corporation, Defendant-Appellee (Wal-Mart Stores, Inc., Intervening Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

Rehearing Denied July 22, 1997.

Attorney(s) appearing for the Case

Thomas LeChien, LeChien & LeChien, Ltd., Belleville; Richard W. Thompson, Belleville, for plaintiffs-appellants.

A.J. Nester, Belleville; Barry D. Dix, Kassly, Bone, Dix, Young, English & Weilmuenster, P.C., Belleville, for City of Waterloo.

Mark S. Rohr, Floyd E. Crowder, Crowder & Scoggins, Ltd., Columbia, for Wal-Mart Stores, Inc.

Justice HOPKINS delivered the opinion of the court:

Plaintiffs, Mark Cummings, et al., appeal from an order of the Monroe County circuit court dismissing their complaint against defendant, the City of Waterloo (the City) for failure to state a cause of action. Wal-Mart Stores, Inc. (Wal-Mart), was allowed to intervene and was made a defendant in the proceeding below and is also a participant in this appeal. We affirm in part, reverse in part, and remand the...

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