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WITHALL v. CAPITOL FEDERAL SAVINGS

No. 86-3025.

164 Ill. App.3d 851 (1987)

518 N.E.2d 328

ROBERT A. WITHALL, Plaintiff-Appellee, v. CAPITOL FEDERAL SAVINGS OF AMERICA, f/k/a Capitol Federal Savings & Loan Association, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed December 14, 1987.

Attorney(s) appearing for the Case

Neal R. Novak, of McNeela & Griffin, Ltd., and Raymond J. Ostler, of Gomberg & Sharfman, both of Chicago, for appellant.

Timothy J. McGonegle, of Ashcraft & Ashcraft, Ltd., of Chicago, for appellee.

Reversed and remanded.

JUSTICE O'CONNOR delivered the opinion of the court:

This is an interlocutory appeal pursuant to Supreme Court Rule 308. (107 Ill.2d R. 308.) Two issues have been certified for appeal: (1) Does the granting of a section 2-611 motion (Ill. Rev. Stat. 1983, ch. 110, par. 2-611) satisfy the "commencement of an original proceeding" and "favorable termination" requirements necessary for stating...

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