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OLD SECOND NAT'L BK. v. BYNAL PRODUCTS, INC.

No. 78-474.

79 Ill. App.3d 432 (1979)

398 N.E.2d 626

OLD SECOND NATIONAL BANK OF AURORA, ILLINOIS, Ancillary Guardian of the Estate of Peggy Ann Franks, a Minor, Plaintiff, v. BYNAL PRODUCTS, INC., Defendant and Third-Party Plaintiff-Appellant. — (FOX VALLEY DISPOSAL COMPANY et al., Third-Party Defendants-Appellees.)

Appellate Court of Illinois — Second District.

Opinion filed December 7, 1979.

Attorney(s) appearing for the Case

John E. Guy and Thomas M. Knepper, both of Abramson & Fox, of Chicago, for appellant.

Robert F. Casey, George Krippner, Gates W. Clancy, and James S. Mills, all of Geneva, and Schaffenegger, Watson & Peterson, of Chicago, for appellees.

Judgment affirmed.

Mr. JUSTICE NASH delivered the opinion of the court:

Bynal Products, Inc. (Bynal), a manufacturer of trash containers, appeals from the dismissal of a third-party complaint it had brought against Fox Valley Disposal Company and Mooseheart, Inc., owner and user, respectively, of one of Bynal's containers.

The container had been furnished to the Mooseheart orphanage as part of a scavenger service rendered to it by Fox Valley Disposal...

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