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CENTRAL ICE CREAM CO. v. SWEETHEART CUP CORP.

No. 62845.

40 Ill. App.3d 43 (1976)

351 N.E.2d 396

CENTRAL ICE CREAM COMPANY, INC., Plaintiff and Counterdefendant-Appellant, v. SWEETHEART CUP CORPORATION et al., Defendants and Counterplaintiffs-Appellees.

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

Opinion filed June 22, 1976.

Attorney(s) appearing for the Case

Theodore M. Becker and J. Samuel Tenenbaum, both of Becker & Tenenbaum, of Chicago, for appellant.

Kirkland & Ellis, of Chicago (Ronald L. Engel, James M. Amend, and William A. Streff, Jr., of counsel), for appellees.

Reversed and remanded.

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

These proceedings were commenced by the filing of a complaint for declaratory judgment by Central Ice Cream Company, Inc. (Central), against Sweetheart Cup Corporation (Sweetheart) and Maryland Cup Corporation (Maryland) (jointly defendants). Defendants filed a joint answer to the complaint together with an affirmative defense and a counterclaim seeking recovery from...

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