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SCHICK-JOHNSON CO. v. MALAN CONST. CO.

Gen. No. 49,514.

49 Ill. App.2d 277 (1964)

200 N.E.2d 76

Schick-Johnson Company, a Corporation, Plaintiff-Appellant, v. Malan Construction Corp., a Corporation, and City of Chicago, a Municipal Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, First Division.

May 11, 1964.

Attorney(s) appearing for the Case

Samuel E. Hirsch and Leonard V. Solomon, of Chicago, for appellant.

Concannon, Dillon, Snook and Morton, of Chicago (Herbert Morton and Louis Bacon, of counsel), for appellee, Malan Construction Corp. John C. Melaniphy, Corporation Counsel, of Chicago (Sydney R. Drebin and Marvin E. Aspen, Assistant Corporation Counsel, of counsel), for appellee, City of Chicago.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court.

This is an appeal from an interlocutory order entered on January 24, 1964 denying plaintiff's petition for an order declaring that plaintiff has prior right to represent a class composed of all other litigants having suits on file against Malan Construction Corporation, and to enjoin the prosecution of such other suits.

Plaintiff also appeals from an order entered February 13, 1964 denying it leave...

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