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R.W. SAWANT & CO. v. ALLIED PROG. CORP.

Nos. 83-2470, 83-2743 cons.

130 Ill. App.3d 71 (1984)

473 N.E.2d 496

R.W. SAWANT & COMPANY, Plaintiff-Appellee, v. ALLIED PROGRAMS CORPORATION, Defendant-Appellant (Ben Kozloff, Inc., Counterplaintiff-Appellee, v. Allied Programs Corporation, Counterdefendant-Appellant).

Appellate Court of Illinois — First District (3rd Division).

Opinion filed December 28, 1984.

Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon, of Chicago (Howard T. Brinton and Richard J. Hickey, of counsel), for appellant.

Myron M. Cherry and Peter Flynn, both of Cherry & Flynn, and J. Samuel Tenenbaum and David J. Eckert, both of Becker & Tenenbaum, both of Chicago, for appellees.

Order reversed.

JUSTICE McNAMARA delivered the opinion of the court:

Plaintiff, R.W. Sawant & Company, and counterplaintiff, Ben Kozloff, Inc., brought this action in the circuit court of Cook County against defendant Allied Programs Corporation, a New York corporation, for breach of contract and fraudulent misrepresentation for failure to pay claims under a "rejection risk" insurance policy. After a default judgment was entered against Allied in favor...

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