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SCHWARZ v. BUELL

Nos. 5-85-0131, 5-85-0350 cons.

137 Ill. App.3d 29 (1985)

484 N.E.2d 314

JACK SCHWARZ et al., Plaintiffs-Appellees, v. CONNIE BUELL et al., Defendants-Appellants. — SAM S. PESSIN, Plaintiff-Appellee, v. LAURA HAMILTON, Defendant-Appellant (Hamilton-Buell, Inc., et al., Counter-plaintiffs-Appellants, v. Magna-Fab, Ltd., et al., Counterdefendants-Appellees).

Appellate Court of Illinois — Fifth District.

Rehearing denied September 12, 1985.

Attorney(s) appearing for the Case

Bernard A. Reinert and Thomas J. Burnside, both of Leritz, Reinert & Duree, P.C., of St. Louis, Missouri (David M. Duree, of counsel), for appellants Hamilton-Buell, Inc., Howard Hamilton, Laura Hamilton, Terry Buell, and Connie Buell.

Robert E. Wells, Jr., of Pessin, Baird & Wells, of Belleville, for appellees.

Reversed and remanded.

PRESIDING JUSTICE JONES delivered the opinion of the court:

This consolidated appeal revolves around the sale of the corporate assets of Magna-Fab, Ltd., under a sales agreement containing an arbitration clause. Part of the purchase price included promissory notes and personal guaranties executed by the buyers in favor of the sellers. The sellers subsequently brought three separate suits in St. Clair County against the buyers, seeking...

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