KOPLIN v. SAUL LERNER CO., INC.

Gen. No. 49,432.

52 Ill. App.2d 97 (1964)

201 N.E.2d 763

Leonard W. Koplin, Plaintiff-Appellant, v. Saul Lerner Co., Inc., a Corporation; Filer, Schmidt & Co., and Thomas, Haab & Botts, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied September 29, 1964.


Attorney(s) appearing for the Case

Raynor & Mitchell, and Arthur Abraham, of Chicago, for appellant.

Lord, Bissell & Brook, of Chicago, and Giffin, Winning, Lindner & Newkirk, of Springfield (James M. Winning, of counsel), for Saul Lerner Co., Inc., appellee. Dallstream, Schiff, Hardin, Waite & Dorschel, of Chicago (Burton R. Rissman, of counsel), for Filer, Schmidt & Co., appellees.


MR. JUSTICE DEMPSEY delivered the opinion of the court.

This case was transferred here after a direct appeal had been taken to the Supreme Court. That court held that its jurisdiction could not be invoked because no constitutional question had been passed upon in the trial court. The Court's opinion (29 Ill.2d 451, 194 N.E.2d 304) outlined the facts and issues:

"Summons upon the three...

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