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FLYNN v. ZIMMERMAN

Gen. No. 11,315.

23 Ill. App.2d 467 (1960)

163 N.E.2d 568

Raymond A. Flynn, Trustee in Bankruptcy of Illini Airlines, Inc., Plaintiff-Appellant, v. Kenneth P. Zimmerman, Defendant-Appellee, Consolidated With Kenneth P. Zimmerman, Plaintiff-Appellee, v. Douglas G. Harvey, Defendant-Appellant, and Raymond A. Flynn, Trustee in Bankruptcy of Illini Airlines, Inc., Defendant-Appellant.

Appellate Court of Illinois — Second District, Second Division.

Released for publication January 22, 1960.

Attorney(s) appearing for the Case

Alexander L. Haglund, of Sterling, for Raymond A. Flynn, appellant, and Bull, Ludens, and Potter, of Morrison (Mason Bull and Robert H. Potter, of counsel) for Douglas G. Harvey, appellant.

Karl Yost, of Morrison, Jacob Cantlin, and Donald E. Blodgett, of Rock Falls, for appellee.

JUSTICE WRIGHT delivered the opinion of the court.

The pleadings in the above entitled cases present substantially the same issues of fact. The first case consisting of a complaint and counterclaim was at law. The second case in equity praying for substantially the same relief as prayed for in the counterclaim in the first suit. The first case was transferred to the chancery docket and the causes were consolidated for...

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