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LERNER v. ZIPPERMAN

No. 81-649.

104 Ill. App.3d 1098 (1982)

433 N.E.2d 1072

JACK LERNER et al., Plaintiffs-Appellees, v. WILLIAM ZIPPERMAN, Defendant and Counterplaintiff-Appellant. — (WAYNE PETERS, Defendant and Counterdefendant-Appellee.)

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

Opinion filed March 16, 1982.

Attorney(s) appearing for the Case

Edward S. Lipsky, of Chicago (William Paul Jones, of Rock, Fusco, Reynolds & Heneghan, of counsel), for appellant.

Carol R. Thigpen and Thomas J. McCarthy, both of Chicago (Jenner & Block, of counsel), for appellee Wayne Peters.

Liebling & Hauselman, of Chicago (Martin F. Hauselman and Patricia O'Brien Norum, of counsel), for other appellees.

Affirmed in part, and reversed and remanded in part.

JUSTICE DOWNING delivered the opinion of the court:

This case comes before this court for a second time. In the initial decision, we held that the trial court erred in entering summary judgment for plaintiffs without requiring joinder of defendant Wayne Peters (Peters), whom we perceived as a necessary party to the action. Consequently, the trial court's decision was reversed and the case remanded. (Lerner...

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