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UNION BANK OF EAST ST. LOUIS v. MATTINGLY

No. 5-89-0768.

576 N.E.2d 941 (1991)

217 Ill. App.3d 131

159 Ill.Dec. 1018

UNION BANK OF EAST ST. LOUIS, Plaintiff, v. Thomas E. MATTINGLY, et al., Defendants (Alfred Bononi, et al., Edward Tate, John Gantz, Gene Spector, Eric Johnson, Theodore Paletta, Frank Paletta, Thomas Schneider, and Charles H. Walters, d/b/a M-D Leasing Company, Third-Party Plaintiffs-Appellants; Glen Lewis et al., individually and as the general partners of Hospital Equipment Partnership # 1, et al., Third-Party Defendants; Fidelity and Deposit Company of Maryland, Third-Party Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

June 26, 1991.

Attorney(s) appearing for the Case

David Michael Harris, Gayle G. Stratmann, Greensfelder, Hemker & Gale, P.C., St. Louis, Mo., for M-D Leasing Co.

Donald G. Musick, Mt. Vernon, for Fidelity and Deposit Co. of Maryland.

Justice HOWERTON delivered the opinion of the court:

This is a suit on a forthcoming bond in a replevin case. Replevin is not a standard on the usual bill of fare of appellate work, and therefore, some legal background is provided before this case is discussed.

Replevin is commenced by filing a verified complaint that alleges that property is detained wrongfully by defendant and plaintiff either is the owner of the property or lawfully is entitled to possession...

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