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CASE INTERNATIONAL v. AMERICAN NAT. BK. & T. CO.

No. 56518.

18 Ill. App.3d 297 (1974)

309 N.E.2d 750

CASE INTERNATIONAL COMPANY, Plaintiff-Appellant, Cross-Appellee, v. AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO, as Trustee, et al., Defendants — (MARTIN C. FAYE et al., Plaintiffs-Appellees, Cross-Appellants, v. HYDE PARK CONDOMINIUM, INC. et al., Defendants-Appellants.)

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

March 12, 1974.

Attorney(s) appearing for the Case

Herrick, McNeil, McElroy & Peregrine, of Chicago (Ray W. Fick, Jr., and Michael J. Hamblet, of counsel), for Case International Company.

David Chaimovitz, of Chicago (Peter Fitzpatrick and Alfred L. O'Connor, of counsel), for Hyde Park Condominium, Inc.

Bernstein, Golan & Yalowitz, of Chicago (Earle G. Kallen, of counsel), for Martin C. Faye.

Dismissed in part and affirmed in part.

Mr. JUSTICE DOWNING delivered the opinion of the court:

After a consolidated bench trial of actions to foreclose the lien of a trust deed on a tract of real estate, and to foreclose several mechanic's liens on the same tract of land, the trial court entered a decree giving rise to this appeal.

On June 13, 1968, Case International Company (hereinafter "Case") filed its complaint to foreclose its mechanic's lien...

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