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CLARK v. TAP PHARMACEUTICAL PRODUCTS, INC.

No. 5-02-0101.

772 N.E.2d 271 (2002)

331 Ill. App.3d 628

265 Ill.Dec. 233

Acie C. CLARK, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellee, v. TAP PHARMACEUTICAL PRODUCTS, INC., TAP Pharmaceuticals, Inc., and Abbott Laboratories, Inc., Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

Rehearing Denied July 10, 2002

Attorney(s) appearing for the Case

Joshua T. Buchman, McDermott, Will & Emery, Chicago for Abbott Laboratories, Inc.

Daniel E. Reidy, Tina M. Tabacchi, Anastasia Katinas, Jones, Day, Reavis & Pogue, Chicago, for TAP Pharmaceutical Products, Inc. and TAP Pharmaceuticals, Inc.

Robert M. Foote, Craig S. Mielke, Foote, Meyers, Mielke & Flowers, LLC, Geneva; Barry Wesley, Barrett, Twomey, Broom, Hughes & Wesley, Carbondale, for Appellee.

Justice WELCH delivered the opinion of the court:

The issue before this court is whether the date that a jurisdictional document is placed in the custody of a private courier for transmittal to the reviewing court may be treated as its constructive filing date for the purpose of Supreme Court Rule 373 (155 Ill.2d R. 373) if it is received by the reviewing court after the expiration of the appeal period.

The defendants, TAP Pharmaceutical Products, Inc., TAP...

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