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PHOENIX MUTUAL LIFE INS. CO. v. LEGRIS

No. 74-175.

30 Ill. App.3d 678 (1975)

334 N.E.2d 399

PHOENIX MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. LOUIS LEGRIS et al., Defendants. — (LOUIS LEGRIS, Defendant-Appellee; G. NORMAN FELESENA, Appellant.)

Appellate Court of Illinois — Third District.

July 25, 1975.

Attorney(s) appearing for the Case

Bissonnette, Nutting, Thacker & Sacks, of Kankakee (Lee Thacker, of counsel), for appellant Felesena.

Kavanagh, Scully, Sudow, White & Frederick, of Peoria (Larry Leiken, of counsel), for appellant Phoenix Mutual Life Ins. Co.

Sidney Z. Karasik, of Chicago (John A. Hyde, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE STENGEL delivered the opinion of the court:

This appeal is from an order of the Circuit Court of Kankakee County which vacated part of a mortgage foreclosure decree and also vacated orders confirming the sale, ordering distribution of the proceeds, and appointing a receiver for the premises.

On September 13, 1972, Phoenix Mutual Life Insurance Company (hereafter called "Phoenix") filed a complaint to foreclose its...

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