AMERICAN DIXIE SHOPS, INC. v. SPRINGFIELD LORDS

Gen. No. 10,052.

8 Ill. App.2d 129 (1955)

130 N.E.2d 532

American Dixie Shops, Inc., Plaintiff-Appellee-Cross Appellant, v. Springfield Lords, Inc., William Phillips, Floyd R. Rambach, Defendants-Appellants-Cross Appellees, and Harry B. Luers and Cordie E. Luers, Defendants-Cross Appellees.

Appellate Court of Illinois — Third District.

Released for publication December 27, 1955.


Attorney(s) appearing for the Case

Barber & Barber, of Springfield, for defendants-appellants, Springfield Lords, Inc., and William Phillips, and for defendants-cross-appellees, Harry B. Luers, and Cordie E. Luers; Clayton J. Barber, and Alton G. Hall, both of Springfield, of counsel; Ensel, Martin, Jones & Blanchard, and Arthur M. Fitzgerald, all of Springfield, for appellant, Floyd R. Rambach; James B. Martin, of counsel.

Giffin, Winning, Lindner & Newkirk, and Charles G. Briggle, Jr., all of Springfield, for plaintiff-appellee-cross appellant, American Dixie Shops, Inc.; Robert H. Brunsman, and Walter Siebert, both of Springfield, of counsel.


JUDGE CARROLL delivered the opinion of the court.

The defendants, Springfield Lords, Inc., William Phillips and Floyd R. Rambach (hereinafter referred to as Lords, Phillips and Rambach) appeal from an interlocutory order denying their motions to dissolve a temporary injunction.

The verified complaint was filed January 17, 1955 and alleges: that under a lease dated September 1, 1948 and extension thereof dated...

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