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DE PHILLIPS v. MORTGAGE ASSOCIATES, INC.

No. 55482.

8 Ill. App.3d 759 (1972)

291 N.E.2d 329

JOSEPH DE PHILLIPS et al., Plaintiffs-Appellants, v. MORTGAGE ASSOCIATES, INCORPORATED, Defendant-Appellee.

Appellate Court of Illinois — First District.

November 22, 1972.

Attorney(s) appearing for the Case

Blumenthal and Schwartz, of Chicago, (Milton M. Blumenthal, Arthur F. Schwartz, and Richard Lee Stavins, of counsel,) for appellants.

Stone, Pogrund & Garland, of Chicago, (Bertram A. Stone and Alan Garland, of counsel,) for appellee.

Order affirmed in part; reversed in part.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Plaintiffs brought this action in the circuit court of Cook County on their own behalf and as a class action on behalf of others similarly situated. In one count, plaintiffs sought to enjoin defendant from increasing the interest rate on their executed mortgage and to have the documents purporting to increase the rate of interest declared null and void. In the...

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