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Appellate Court of Illinois


New Light Cemetery Ass'n v. Bauhmhardt, 1-06-1294

Denial of a motion for preliminary injunction seeking to recover cemetery related records that were maintained by defendants and its employees during the time they served as plaintiff's caretaker and taken when it resigned from that position and granting a motion for a directed finding in favor of defendants is reversed and remanded where: 1) the court abused its discretion since the plaintiff has demonstrated a likelihood of success on the merits of its cause of action for both a permanent injunction and conversion; and 2) the court orders that either the circuit court or a third party take possession of the cemetery records and to provide plaintiff with limited access to the information.

Appellate Information

  • Decided 05/25/2007
  • Published 05/25/2007

Judges

  • Justice TULLY delivered the opinion of the court:

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Gary P. Hollander, Portratz & Hollander, P.C., Chicago, for Plaintiff-Appellant.

  • For Appellees:
  • Donald M. Hodgkinson, Richard L. Swedberg, Law Offices of Richard L. Swedberg, Chicago, for Defendants-Appellees.
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