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FORD HOPKINS CO. v. FABER

Gen. No. 53,139.

121 Ill. App.2d 143 (1970)

257 N.E.2d 227

Ford Hopkins Company, a Delaware Corporation, Plaintiff, v. Milton D. Faber, Maurice Norman, Norman Drug Co., Inc., an Illinois Corporation, Chicago and Northwestern Railway Company, a Wisconsin Corporation, and I. Robert Ballin, Defendants. Milton D. Faber, Maurice Norman, Norman Drug Co., Inc., an Illinois Corporation, and North Western Retail Shops, Inc., an Illinois Corporation, Petitioners-Appellants, v. Ford Hopkins Company, a Delaware Corporation, and Walter F. Osborn, Respondents-Appellees.

Appellate Court of Illinois — First District.

February 20, 1970.

Attorney(s) appearing for the Case

Russell J. Topper, of Chicago, for appellants.

Jay Erens and Edward A. Gorenstein, of Chicago, for appellees.

TRAPP, J.

Plaintiff's complaint for breach of a covenant in a contract was dismissed at the close of plaintiff's case by a decree of March 7, 1967. Defendants' petition pursuant to section 41 of the Civil Practice Act for assessment of costs and attorneys' fees, thereafter filed on May 5th, 1967, was dismissed on February 20, 1968. Defendants appeal the order dismissing such petition.

Defendants' motion for judgment at the close of plaintiff's proof included...

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