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STEINER DIAMOND & CO. v. FLASHNER MED. PTNSP.

Nos. 1-90-2402, 1-90-2523.

599 N.E.2d 1323 (1992)

236 Ill. App.3d 199

175 Ill.Dec. 309

STEINER DIAMOND & COMPANY, INC., Plaintiff-Appellant, v. The FLASHNER MEDICAL PARTNERSHIP, Bruce A. Flashner, Donald L. Van Der Horst, Lawrence B. Levy, and Unknown Partners in the Flashner Medical Partnership on or After December 7, 1983, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

As Modified on Denial of Rehearing November 13, 1992.

Attorney(s) appearing for the Case

Arvey, Hodes, Costello & Burman, Chicago (John J. Enright, of counsel), for plaintiff-appellant.

Office of Gen. Counsel of Flashner Medical Partnership, Chicago (Cheryl Weissman and Joan Slezak, of counsel), for defendants-appellees.

Presiding Justice McNULTY delivered the opinion of the court:

Plaintiff Steiner Diamond appeals the trial court's dismissal of its contract-based indemnification claim on the grounds that such cause of action was a compulsory counterclaim in a related federal proceeding. For the reasons which follow we reverse the decision of the court below.

The immediate parties to the instant action are Steiner Diamond, a Chicago securities broker and dealer, and the Flashner...

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