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CITY OF CHICAGO v. LOITZ

No. 56462.

11 Ill. App.3d 42 (1973)

295 N.E.2d 478

THE CITY OF CHICAGO, Counterdefendant-Appellee, v. CHARLES LOITZ et al., Counterplaintiffs-Appellants.

Appellate Court of Illinois — First District (1st Division).

April 2, 1973.

Attorney(s) appearing for the Case

Jerome H. Torshen, Ltd., of Chicago, (Jerome H. Torshen and Robert F. Berrey, of counsel,) for appellants.

Richard L. Curry, Corporation Counsel, of Chicago, (William R. Quinlan and Richard F. Friedman, Assistant Corporation Counsel, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE GOLDBERG delivered the opinion of the court:

This record brings before us an appeal by Charles Loitz, Murray Loitz and Freida Loitz (counterplaintiffs) from an order granting the motion of City of Chicago (plaintiff and counterdefendant) to dismiss their second amended counterclaim.

• 1 We will first state the substance of the second amended counterclaim, the well-pleaded facts of which are admitted by the motion...

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