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MERCHANDISE NAT'L BK. v. KOLBER

No. 63217.

50 Ill. App.3d 365 (1977)

365 N.E.2d 688

MERCHANDISE NATIONAL BANK OF CHICAGO, Plaintiff, v. MARSHALL KOLBER, Defendant and Third-Party Plaintiff-Appellee. — (WILLIAM F. BOCHTE, Third-Party Defendant-Appellant.)

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 24, 1977.

Attorney(s) appearing for the Case

Lupel & Amari, of Chicago (Leonard F. Amari and Warren Lupel, of counsel), for appellant.

Joseph L. Goldberg, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE MEJDA delivered the opinion of the court:

The Merchandise National Bank of Chicago (Bank) brought action upon a note executed by Marshall Kolber, which was in default. Kolber in turn filed a third-party complaint against William F. Bochte and Barry J. Fox, based upon their indemnity agreement and note to Kolber in connection with his primary note to the Bank. Only Bochte answered the third-party complaint. Judgment was entered...

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