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MYERS v. HERITAGE ENTERPRISES, INC.

No. 4-01-1003.

773 N.E.2d 767 (2002)

332 Ill. App.3d 514

266 Ill.Dec. 32

Michael B. MYERS, Independent Executor of the Estate of Mary Prillmayer, Deceased, Plaintiff-Appellant, v. HERITAGE ENTERPRISES, INC., a Corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

July 17, 2002.

Attorney(s) appearing for the Case

Robert E. Utter (argued), Mt. Sterling, for Michael B. Myers.

Karen L. Kendall (argued), Heyl, Royster, Voelker & Allen, Peoria, Frederick P. Velde, Matthew R. Booker, Heyl, Royster, Voelker & Allen, Springfield, for Heritage Enterprises, Inc.

Presiding Justice McCULLOUGH delivered the opinion of the court:

Plaintiff, Michael B. Myers, independent executor of the estate of Mary Prillmayer, deceased, appeals from an order of the Brown County circuit court granting defendant's motion to dismiss count II of plaintiff's complaint pursuant to section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 2000)). Plaintiff sought recovery from defendant...

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