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NEWBERRY THEATRE, INC. v. SBB THEATRE, INC.

No. 80-237.

96 Ill. App.3d 928 (1981)

422 N.E.2d 152

NEWBERRY THEATRE, INC., Plaintiff and Counterdefendant, v. SBB THEATRE, INC., Defendant and Counterplaintiff and Third-Party Plaintiff-Appellee. — (TRANSAMERICA INSURANCE COMPANY, Third-Party Defendant-Appellant.)

Appellate Court of Illinois — First District (4th Division).

Rehearing denied June 29, 1981.

Attorney(s) appearing for the Case

Crooks & Gilligan, of Chicago (John W. Gilligan, of counsel), for appellant.

Charles Kraut and Alfred B. Teton, both of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE JOHNSON delivered the opinion of the court:

This is an appeal from a summary judgment against the surety, Transamerica Insurance Company (hereafter Transamerica), on an appeal bond. SBB Theatre (hereafter SBB) filed a forcible detainer suit against Newberry Theatre (hereafter Newberry) for possession of a movie theatre in Chicago. Newberry filed a countersuit to stay eviction proceedings...

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