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STATE BK. OF CLEARING v. FAIR WINDS, INC.

No. 78-375.

73 Ill. App.3d 597 (1979)

392 N.E.2d 638

STATE BANK OF CLEARING, Plaintiff-Appellee, v. THE FAIR WINDS, INC., et al., Defendants. — (DONALD MORTELL, Defendant-Appellant.)

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

Opinion filed June 29, 1979.

Attorney(s) appearing for the Case

William T. Regas, and Brown, Dashow, Arons & Doran, both of Chicago (William T. Regas, William G. Romaniuk, and Michael Freeman, of counsel), for appellant.

Chapman and Cutler, of Chicago (Richard G. Smolev, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Defendant (Mortell) appeals from an order granting plaintiff's (the Bank's) section 72 petition (Ill. Rev. Stat. 1977, ch. 110, par. 72) to vacate a prior dismissal for want of prosecution. On appeal, Mortell contends that (1) the judge who granted the section 72 petition did not have authority to do so because the dismissal order was entered by a different judge, and (2) the section...

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