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ZIMMERMAN EQUIP. CO. v. F.R. ORR GRAIN CO.

No. 75-13.

29 Ill. App.3d 921 (1975)

330 N.E.2d 881

ZIMMERMAN EQUIPMENT COMPANY, Plaintiff-Appellant, v. F.R. ORR GRAIN COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

June 30, 1975.

Attorney(s) appearing for the Case

Lawrence Eaton, of Monticello, for appellant.

Robert Boyd, of Ackerman, McKnelly, Marek & Boyd, of Kankakee, for appellees.

Judgment affirmed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

Plaintiff filed suit to collect on a note in Montgomery County, and while that cause was pending, obtained judgment by confession for $43,659 in Kankakee County on the same note and against the same defendants. Within 30 days defendants filed a motion to vacate the confessed judgment in Kankakee County and, as a prima facie defense, filed a motion to dismiss this cause under section...

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