ARENA AUTO AUCTION v. SCHMERLER FORD

No. 77-1172.

60 Ill. App.3d 484 (1978)

377 N.E.2d 43

ARENA AUTO AUCTION et al., Plaintiffs-Appellants, v. SCHMERLER FORD, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied June 20, 1978.


Attorney(s) appearing for the Case

Howard D. Hollander, Ltd., of Chicago (Philip Z. Levinson and Robert Handelsman, of counsel), for appellants.

No appearance for appellees.


Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Plaintiffs, auction houses engaged in the business of selling used automobiles, appeal from the trial court's dismissal of their third amended complaint for failure to state a claim upon which relief can be granted. Defendants, who are automobile dealers in the Chicago area, have not filed an answering brief in this court.

The complaint in question alleged that on or about...

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