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WESTERN AUTO SUPPLY CO. v. HORNBACK

No. 5-88-0065.

188 Ill. App.3d 273 (1989)

545 N.E.2d 764

WESTERN AUTO SUPPLY COMPANY, Plaintiff and Counterdefendant-Appellee, v. MILBURN HORNBACK, d/b/a Western Auto Associate Store, Defendant and Counterplaintiff (Milburn Hornback, Third-Party Plaintiff; Clyde Weber et al., Third-Party Defendants; Ward P. Fisher, Adm'r of the Estate of Stanley A. Durka, Nonparty, Appellant).

Appellate Court of Illinois — Fifth District.

Opinion filed September 20, 1989.

Attorney(s) appearing for the Case

Stanley A. Durka, of Lawrenceville, for appellant.

Robert E. Shaw, of Musick & Mitchell, P.C., of Mt. Vernon, for appellee.

Judgment affirmed.

JUSTICE RARICK delivered the opinion of the court:

Western Auto Supply Company filed a replevin action in the circuit court of Lawrence County against Milburn Hornback, d/b/a Western Auto Associate Store, seeking to recover inventory and other collateral in satisfaction of a note and open trade account obligation. Attorney Stanley Durka entered his appearance for Hornback after the order for replevin had been entered.

Durka filed...

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