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WEILAND TOOL & MFG. CO. v. WHITNEY

Nos. 41796, 41863 cons.

44 Ill.2d 105 (1969)

251 N.E.2d 242

WEILAND TOOL & MANUFACTURING CO., Appellant, v. EMERSON C. WHITNEY et al., Appellees.

Supreme Court of Illinois.

Rehearing denied January 26, 1970.

Attorney(s) appearing for the Case

MORTIMER, NOLAN, O'MALLEY & DUNNE, (ROBERT J. NOLAN, GERALD M. CHAPMAN, and EDWARD J. HLADIS, of counsel,) for appellant.

EMERSON C. WHITNEY, of Chicago, (JOHN D. DEMPSEY, of counsel,) for appellees.

Appellate Court reversed; circuit court affirmed in part and reversed in part, and cause remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This case has a long and complicated history. In August, 1956, Weiland Tool and Manufacturing Co. filed a complaint to foreclose a common-law lien upon certain machinery and property of Emerson C. Whitney in the possession of Weiland. Whitney filed an answer and a counterclaim by which he claimed damages for...

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