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HEIM v. HERRICK

No. 4-03-0678.

800 N.E.2d 1244 (2003)

344 Ill. App.3d 810

279 Ill.Dec. 661

Julie HEIM; Dennis Heim; Patricia O'Connell; Robert O'Connell; Nancy Clapp, as Administratrix with the Will Annexed of the Estate of Sharlis A. Helphinstine, Deceased; and Nancy Clapp, as Executrix of the Estate of John Helphinstine, Deceased, Plaintiffs-Appellees, v. Justin HERRICK; Connie Colcord; and Eagle Food Centers, Inc., a Delaware Corporation, d/b/a Eagle Food Center, No. 297, Defendants (CTK, Inc., an Illinois Corporation, d/b/a The Northender, Defendant-Appellant).

Appellate Court of Illinois, Fourth District.

December 5, 2003.

Attorney(s) appearing for the Case

Andrew S. De Blank, Knell & Kelly, L.L.C., Peoria, for CTK, Inc.

John D. Robinson, James E. Peckert, Kehart, Robinson & Booth, Decatur, for Julie Heim.

Justice APPLETON delivered the opinion of the court:

Plaintiffs sued defendants, Eagle Food Centers, Inc., doing business as Eagle Food Center, No. 297 (Eagle), and CTK, Inc., doing business as the Northender (CTK), under the Liquor Control Act of 1934 (Dramshop Act) (235 ILCS 5/6-21(a) (West 2000)). While discovery was still underway, Eagle filed, in the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, a voluntary petition for...

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