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AMER. NAT. B. & T. CO. v. MAR-K-Z MOTORS

No. 56952.

11 Ill. App.3d 1046 (1973)

298 N.E.2d 209

AMERICAN NATIONAL BANK AND TRUST COMPANY, Plaintiff-Appellant, v. MAR-K-Z MOTORS AND LEASING Co., INC, et al., Defendants — (HENRY BUTTEL, Defendant-Appellee.)

Appellate Court of Illinois — First District (2nd Division).

May 22, 1973.

Attorney(s) appearing for the Case

Arnstein & Levin, of Chicago, (Harry G. Fins, of counsel,) for appellant.

Donald J. Miller, of Forreston, for appellee.

Affirmed in part and reversed in part.

Mr. PRESIDING JUSTICE STAMOS delivered the opinion of the court.

Plaintiff appeals from a dismissal, with prejudice, of a replevin action it prosecuted against defendant Henry Buttel (hereinafter defendant). Plaintiff contends: (1) it was entitled to recover collateral in which it had a security interest; (2) it was error for the court to grant affirmative relief to defendant, absent a counterclaim and prayer therefor...

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