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McGRATH v. LAKE CITY CORP.

No. 58545.

15 Ill. App.3d 829 (1973)

305 N.E.2d 191

VINCENT McGRATH et al., Plaintiffs and Counterdefendants-Appellees, v. LAKE CITY CORPORATION, Defendant and Third-Party Plaintiff — (Allan Gustafson, Third-Party Defendant and Counterplaintiff-Appellant.)

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

Modified opinion upon denial of rehearing December 5, 1973.

Attorney(s) appearing for the Case

Julian R. Wilheim, of Chicago, for appellant.

Green and Barnard, of Chicago, for appellees.

Order affirmed.

Mr. JUSTICE GOLDBERG delivered the opinion of the court:

Allan Gustafson appeals to this court from an order granting a motion to dismiss his counterclaim. The order of dismissal made the necessary certification as to finality thereof (Ill. Rev. Stat. 1971, ch. 110A, Rule 304(a).) Since no evidence was taken, all pertinent facts appear from the common law record.

The issues arise from two cases filed in the circuit court on the same...

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