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SPILLER v. CONTINENTAL TUBE CO.

Nos. 81-306, 81-290 cons.

105 Ill. App.3d 790 (1982)

434 N.E.2d 850

EMMY LOU SPILLER et al., Plaintiffs-Appellees, v. THE CONTINENTAL TUBE COMPANY, Defendant and Counterplaintiff-Appellant. — (CLIFFORD E. SPILLER, Counterdefendant-Appellee.)

Appellate Court of Illinois — Third District.

Rehearing denied May 18, 1982.

Attorney(s) appearing for the Case

Louis E. Olivero, of Peru, for appellant.

Anthony C. Raccuglia & Associates, of Peru, for appellees.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

Emmy Lou and Clifford E. Spiller, plaintiffs, filed a suit in La Salle County to recover on three promissory notes which defendant, Continental Tube Company (Continental), allegedly owes them. Defendant filed a counterclaim for breach of contract and sought indemnification. The trial judge dismissed the counterclaim for what he perceived was defendant's abuse of discovery. Then, plaintiffs...

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