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STOLLER LUMBER CO., INC. v. COSMOPOLITAN NAT. BANK

Gen. No. 53,060.

101 Ill. App.2d 431 (1968)

243 N.E.2d 485

Stoller Lumber Co., Inc., Plaintiff-Appellant, v. Cosmopolitan National Bank as Trustee, Under Trust #14191, Travis Clayton, Roselle Clayton, Lincoln Park Federal Savings and Loan Ass'n, a Corporation, "Unknown Owners," Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

October 29, 1968.

Attorney(s) appearing for the Case

Stanley Stoller, of Chicago, for appellant.

No brief filed for appellees.

MR. PRESIDING JUSTICE BURKE delivered the opinion of the court:

A final decree to enforce a mechanic's lien claim was entered on January 29, 1968. On February 9, 1968, the decree was vacated. Plaintiff, appealing, asks that the order vacating the decree be reversed and that the decree be reinstated.

Section 50(5) of the Civil Practice Act provides that the court may on motion filed within thirty days after entry thereof, set aside any final order, judgment...

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