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BYRNE ORGANIZATION, INC. v. CANTIN

Gen. No. 47,159.

16 Ill. App.2d 31 (1957)

147 N.E.2d 465

Byrne Organization, Inc., Plaintiff, v. Hal D. Cantin and Julius B. Goldberg, Appellees. On Appeal of Neale-Phypers Company, Appellant.

Appellate Court of Illinois — First District, First Division.

Released for publication February 10, 1958.

Attorney(s) appearing for the Case

Altheimer, Kabaker, Lipson & Naiburg, of Chicago (Marvin E. Pollock, Lionel G. Gross and Peter Cohn, of counsel) for intervenor-petitioner-appellant.

Shaffer, Seelig, Mandel & Shapiro, of Chicago (David E. Malfar, Ellis Shaffer, Richard S. Spector and Morton A. Gordon, of counsel) for defendants-appellees.

JUSTICE ROBSON delivered the opinion of the court.

This is an appeal from an order denying the appellant the right to intervene in proceedings to vacate a judgment obtained by confession. The only issue is whether or not the appellant was entitled to intervene as a matter of right under Section 26.1 of the Civil Practice Act. (Ill. Rev. Stat., 1957, chap. 110.)

On January 27, 1955, Byrne Organization, Inc., a...

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