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ARTEX MANUFACTURING CO. v. SANTO

No. 17477.

418 F.2d 132 (1969)

ARTEX MANUFACTURING CO., Inc., Plaintiff-Appellee, v. Sam SANTO and Michael S. Santo, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

October 31, 1969.

Attorney(s) appearing for the Case

Michael Levin, Michael M. Kachigian, Chicago, Ill., for defendants-appellants.

David J. Krupp, Robert C. Howard, Chicago, Ill., for plaintiff-appellee.

Before DUFFY, Senior Circuit Judge, KERNER, Circuit Judge and GRANT, District Judge.

DUFFY, Senior Circuit Judge.

Plaintiff, Artex Manufacturing Co., Inc. (Artex), obtained a judgment by confession for the final $30,000 installment of a $115,000 note executed by defendants. An amended petition and affidavits were filed by defendants seeking to open this judgment. Such proceeding was pursuant to Illinois Supreme Court Rule 276 (Ill.Rev.Stat. Ch. 110A, sec. 276).

The District Court held that the pleadings and papers filed by defendants did not...

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