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BOOTH v. COLE CORP.

Gen. No. 53,828.

121 Ill. App.2d 77 (1970)

257 N.E.2d 265

John F. Booth, Plaintiff-Appellee, Cross-Appellant, v. Cole Corporation and June C. Stern, d/b/a M.M. Cole Publishing Company, Defendants-Appellants, Cross-Appellees.

Appellate Court of Illinois — First District, Second Division.

February 10, 1970.

Attorney(s) appearing for the Case

Altheimer, Gray, Naiburg, Strasburger & Lawton, of Chicago (Joseph J. Strasburger, Lionel G. Gross, Howard L. Kastel, and Roger B. Harris, of counsel), for appellants.

Stone, Epstein, Lynch and Corby, of Chicago (Bernard M. Epstein, of counsel), for appellee.

MR. PRESIDING JUSTICE McCORMICK delivered the opinion of the court.

In 1923, when John Booth was fifteen years old, he began working for Morris Cole, owner of a music publishing business then known as M.M. Cole Publishing Company. In 1935 the name of the company was changed to the Cole Corporation, and in 1964 was again changed back to M.M. Cole Publishing Company as a sole proprietorship of June Stern.

In 1958 the Cole Corporation executed pension contracts...

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