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MERCANTILE ALL-IN-ONE LOANS, INC. v. MENNA

No. 77-583.

63 Ill. App.3d 931 (1978)

380 N.E.2d 944

MERCANTILE ALL-IN-ONE LOANS, INC., Plaintiff-Appellant, v. ALBERT MENNA et al., Defendants-Petitioners-Appellees. — (FRANK SKACH et al., Respondents-Appellants.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed August 22, 1978.

Attorney(s) appearing for the Case

Philip S. Aimen, of Chicago, for appellant Mercantile All-In-One Loans, Inc.

Stanley M. Cahn and Clarence Graves, both of Chicago, for appellants Frank Skach et al.

Sneider and Troy, of Chicago (Richard J. Troy, of counsel), for appellees Albert Menna et al.

Reversed and remanded.

Mr. JUSTICE DOWNING delivered the opinion of the court:

This is an appeal pursuant to Supreme Court Rule 304(b)(3) (Ill. Rev. Stat. 1975, ch. 110A, par. 304(b)(3)) from the vacating of a decree of foreclosure and sale under the provisions of section 72 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 72). The issues presented on appeal are: (1) whether the court erred in finding the affidavit for service by publication...

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