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POLIVKA v. WORTH DAIRY, INC.

No. 59232.

26 Ill. App.3d 961 (1974)

328 N.E.2d 350

ROBERT POLIVKA, Plaintiff-Appellant-Appellee, v. WORTH DAIRY, INC., et al., Defendants — (DAVID ZUIDEMA, Defendant-Appellee, and FRED J. RUETER, Defendant-Appellant.)

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

Supplemental opinion filed upon denial of rehearing April 21, 1975.

Attorney(s) appearing for the Case

Arthur George, of Chicago, for plaintiff-appellant-appellee Robert Polivka.

Russell M. Kofoed, of Lederer, Fox and Grove, of Chicago, for defendant-appellant Fred J. Rueter.

Klein, Thorpe, Kasson and Jenkins, of Chicago (Franklin W. Klein, of counsel), for defendant-appellee David Zuidema.

Judgments affirmed.

Mr. PRESIDING JUSTICE EGAN delivered the opinion of the court:

The plaintiff, Robert Polivka, filed a two-count complaint in Chancery on May 11, 1970, against Worth Dairy, Inc., and Rueter-Worth Dairy Company, the surviving corporation in a merger between Worth Dairy, Inc., and Rueter Dairy Company, and both David Zuidema and Fred J. Rueter personally to recover a balance of money allegedly due him from his sale of common stock to Worth...

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