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MILLER BROS. I.S.M. v. LA SALLE NAT. BANK

Gen. Nos. 69-20, 69-24. (Consolidated.).

119 Ill. App.2d 23 (1969)

255 N.E.2d 755

Miller Bros. Industrial Sheet Metal Corporation, an Illinois Corporation, Plaintiff-Appellant, v. La Salle National Bank, etc., et al., Defendants-Appellees, Thomas J. Duffey, et al., Appointed and Presently Acting as Trustees of The Central States, Southeast and Southwest Areas Pension Fund, Holders of Notes Secured by Documents Nos. 1046444 and 1075681, Counterclaimant-Appellees in Mortgage Foreclosure, Armco Steel Corporation, et al., Pittsburgh Plate Glass Company, et al., and Unknown Owners, Cross and Defendant-Countercomplainant-Appellees in Mechanic's Lien Foreclosure.

Appellate Court of Illinois — Second District.

Rehearing denied March 16, 1970.

Attorney(s) appearing for the Case

Charles A. Marshall, Jr., of Chicago, for appellant.

Teitelbaum, Wolfberg and Guild, of Chicago, and A. Edmund Peterson and Leonard Higley, of Chicago, Ronald J. Guild, Leonard Higley, of counsel, for Trustees of the Central States Southeast and Southwest Areas Pension Fund, appellees.

Robert M. Woodward, Robert M. Grossmann, Albert E. Arnstein, Arnstein & Levin, Marvin Green, Hoffman and Davis, Seyfarth, Shaw, Fairweather & Geraldson, Craven, Stege & Markels, Ashcraft, Olson, Beach, Kimball, Alexander & Edmonds, O'Brien, Heywood & Evans, Wexler & Wexler, Samuel H. Cohon, and Robert Irmiger, all of Chicago, Murphy & Griffin, Ruddy, Myler & Bartsch, Charles H. Atwell, Dreyer, Foote & Streit, Reid, Ochsenschlager, Murphy & Hupp, Alschuler, Putnam, McWethy, Weiss & Weiler, O'Brien, Burnell, Puckett & Barnett, and Colonel Charles H. Edwards, Edwards, Brunnemeyer & Hughes, all of Aurora, Smith & McCracken, of Geneva, Ronald Burstein and Edward A. Glaeser, of Dundee, Kirkland, Brady, McQueen, Martin & Callahan, of Elgin, Samuel Andreano, of Joliet, and Redman, Shearer & O'Brien, of St. Charles, for other appellees.

MR. JUSTICE ABRAHAMSON delivered the opinion of the court.

Two separate appeals have been prosecuted from a decree of foreclosure and sale entered by the Circuit Court of Kane County and have been consolidated for purpose of consideration by this court. Although the suit involved a large number of parties and the trial record is voluminous, the issues before this court are relatively few and the facts need only brief exposition.

On May 20, 1965, La Salle National...

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