Heim v. Herrick

State: Illinois

Court: 4th District Appellate

Docket No: 4-03-0678 Rel

Case Date: 12/05/2003

NO. 4-03-0678

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

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,
                    and
CTK, INC., an Illinois Corporation,
d/b/a THE NORTHENDER,
                    Defendant-Appellant.

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Appeal from
Circuit Court of
Macon County
No. 00L156

Honorable
Lisa Holder White,|
Judge Presiding.

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 LiquorControl Act of 1934 (Dramshop Act) (235 ILCS 5/6-21(a) (West2000)). While discovery was still underway, Eagle filed, in theUnited States Bankruptcy Court for the Northern District ofIllinois, Eastern Division, a voluntary petition for relief underchapter 11 of the Bankruptcy Code (11 U.S.C.