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ROCHELLE BLDG. CO. v. OAK PK. TR. & SAV. BANK

Gen. No. 54,270.

121 Ill. App.2d 274 (1970)

257 N.E.2d 542

Rochelle Bldg. Co., Inc., Plaintiff, v. Oak Park Trust & Savings Bank, Vincent DiVito, Lawn Savings and Loan Association, et al., Defendants, and Lawn Savings and Loan Association, Counterplaintiff-Appellee, v. Dee Bros. Builders Supply Co., Vincent DiVito, et al., Counterclaimant, Counterdefendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

March 5, 1970.

Attorney(s) appearing for the Case

George Brode, of Chicago, for appellant.

Pope, Ballard, Kennedy, Shepard & Fowle, of Chicago, for appellee.

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

This is an appeal by Vincent DiVito from the dismissal of a counterclaim filed by him in the above captioned case.

DiVito, a subcontractor, was not paid for the labor and the material he furnished in the construction of an apartment building. His work was completed in March 1965 and in May of the same year he filed a claim for $1,336.84 with...

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