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PACEMAKER FOOD STORES, INC. v. 7TH MONT CORP.

No. 84-1092.

143 Ill. App.3d 781 (1986)

493 N.E.2d 390

PACEMAKER FOOD STORES, INC., Plaintiff-Appellant and Cross-Appellee, v. SEVENTH MONT CORPORATION et al., Defendants-Appellees and Cross-Appellants (MULFORD VILLAGE DEVELOPMENT COMPANY et al., Defendants-Appellees).

Appellate Court of Illinois — Second District.

Opinion filed May 16, 1986.

Attorney(s) appearing for the Case

Harold T. Turner, of Turner & Shoemaker and Street & Larson, both of Rockford, for appellant.

Elmer C. Rudy, of Williams & McCarthy, P.C., Edward M. Maher, of Clark, McGreevy & Johnson, and Robert A. Fredrickson, of Reno, Zahm, Folgate, Lindberg & Powell, all of Rockford, for appellees.

Judgment affirmed.

JUSTICE STROUSE delivered the opinion of the court:

Plaintiff, Pacemaker Food Stores, Inc., appeals from an order dismissing its petition for damages which was filed after the disposition of its suit for declaratory judgment and injunctive relief. Seventh Mont Corporation and Montgomery Ward & Company, two of the defendants, cross-appealed, claiming that the trial court erred in considering the petition for damages on its merits rather...

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