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MALONE v. BANKHEAD ENTERPRISES, INC.

No. 96-4020.

125 F.3d 535 (1997)

Ira MALONE and Charlotte Malone, Plaintiffs-Appellants, v. BANKHEAD ENTERPRISES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 1997.

Attorney(s) appearing for the Case

Jon G. Carlson, Carlson & Associates, Brian Wendler (argued), Eric J. Carlson, Carlson & Wendler, Edwardsville, IL, for Plaintiffs-Appellants.

Thomas J. Plunkert, Kathleen M. Blair (argued), Leritz, Plunkert & Bruning, St. Louis, MO, for Defendant-Appellee.

Before RIPPLE, KANNE, and DIANE P. WOOD, Circuit Judges.

KANNE, Circuit Judge.

This diversity case requires us to determine whether the Illinois savings statute, 735 Ill. Comp. Stat. 5/13-217,1 permits a plaintiff to refile a tort action in Illinois within one year after the plaintiff timely filed and voluntarily dismissed the action in Missouri. We find that the Illinois savings statute does allow a plaintiff to refile such an action, but only when the plaintiff timely filed the original action...

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