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CASACCIO v. HABEL

No. 58131.

14 Ill. App.3d 822 (1973)

303 N.E.2d 548

JOSEPH CASACCIO et al., Plaintiffs-Appellants and Cross-Appellees, v. JAMES S. HABEL et al., Defendants-Appellees and Cross-Appellants, — (GLENVIEW STATE BANK, as Trustee, Defendant.)

Appellate Court of Illinois — First District (4th Division).

September 26, 1973.

Attorney(s) appearing for the Case

N.A. Giambalvo and William Thomas Braithwaite, both of Chicago, (Boodell, Sears, Sugrue, Giambalvo & Crowley, of counsel,) for appellants.

Robert I. Briskman, of Chicago, (Landesman & Schwartz, of counsel,) for appellees.

Affirmed in part and reversed in part and remanded.

Mr. JUSTICE DIERINGER delivered the opinion of the court:

This action in equity was brought by Joseph and Geraldine Casaccio against James and Marian Habel and James S. Habel & Associates, Inc., and the Glenview State Bank, as trustee under Trust No. 687, in the Circuit Court of Cook County to construe a deed as a mortgage, alleging fraud, abuse of civil process and usury. The court found that the Casaccios...

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