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SCHOENBROD v. ROSENTHAL

Gen. No. 48,527.

36 Ill. App.2d 112 (1962)

183 N.E.2d 188

Roy M. Schoenbrod and Hyland Builders Corporation, an Illinois Corporation, Plaintiffs-Appellants, v. Herbert M. Rosenthal, Dunbar Builders Corporation, an Illinois Corporation, and La Salle National Bank as Trustee Under Trusts Nos. 23354 and 24445, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied June 6, 1962.

Attorney(s) appearing for the Case

Howard G. Joseph, of Chicago, for appellants.

Dixon, Morse, Knouff & Holmes, of Chicago (Marshall Patner, of counsel), for appellees.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

The plaintiffs, Roy M. Schoenbrod and Hyland Builders Corporation, appeal from a decree dismissing, with prejudice, their amended complaint. The principal issues presented are whether the plaintiffs are barred from maintaining their suit by the doctrines of res judicata and laches.

Schoenbrod and the defendant, Herbert M. Rosenthal, were equal owners of the Hyland Builders Corporation and four affiliated...

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