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MCC lawsuit 1984
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Picture of Doug Smiley
posted
http://www.leagle.com/decision...9146IllApp3d203_1319


Claimants, John and James Gibbs, filed a probate claim against the estate of Charles F. Dolan after the expiration of the statutory six-month claim period seeking to recover the purchase price of a motor coach pursuant to the revocation-of-acceptance provisions of the Uniform Commercial Code (UCC) (Ill. Rev. Stat. 1983, ch. 26, par. 2-608). The circuit court ruled that the claim was time barred under section 18-12 of the Probate Act of 1975 (Act) (Ill. Rev. Stat. 1983, ch. 110 1/2, par. 18-12). Claimants appeal contending: (1) the notice by publication provisions of the Act violate the due process clauses of the Illinois and Federal constitutions; and (2) the Chicago Daily Law Bulletin is not a secular newspaper of general circulation.

Claimants, who are engaged in the travel business, purchased a used 1981 MCC-Barth Motorcoach from Motor Vacations Unlimited (MVU) on December 19, 1983. MVU was a sole proprietorship operated by decedent, Charles F. Dolan. The motorcoach never operated satisfactorily, and it was returned to MVU for repair on eight occasions accounting for 330 days out of the year that claimants "operated" it.

On March 14, 1984, Charles Dolan died testate. Claimants learned of his death the following day when they called about repair work then being done on their motorcoach. On March 27, 1984, letters of office were issued appointing Alice Dolan, Charles' widow, executor. Claim notices were then published in the Chicago Daily Law Bulletin on March 30, April 6, and April 13, 1984, indicating that the claim period would end on September 27, 1984.

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_________________________

The 82 MCC {by Barth}
is not an rv--
it is a Motor Coach!!


 
Posts: 2623 | Location: Nova Scotia | Member Since: 12-08-2006Reply With QuoteReport This Post
Supporting Member of Barthmobile.com 6/12
Formally known as "Humbojb"
Picture of Jim and Tere
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And so?


Jim and TereJim and Tere

1985 Regal
29' Chevy 454 P32
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Posts: 3693 | Location: madisonville tn usa | Member Since: 02-19-2005Reply With QuoteReport This Post
Supporting Member of Barthmobile.com 3/19
Picture of Mogan David
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quote:
Originally posted by Jim and Tere:
And so?

just a tidbit found doing a BARTH search, I think.
I had found this, or another court case, quite a long time ago.
 
Posts: 2003 | Location: Jackson, Michigan, USA | Member Since: 04-18-2004Reply With QuoteReport This Post
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