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GORDON v. EXCEL WHOLESALE GROCERY CO.

No. 54848.

1 Ill. App.3d 487 (1971)

274 N.E.2d 895

EUGENE W. GORDON, d/b/a MONROE INVESTMENT COMPANY, Plaintiff-Appellee, v. EXCEL WHOLESALE GROCERY COMPANY, et al., Defendants-Appellants.

Appellate Court of Illinois — First District.

September 2, 1971.

Attorney(s) appearing for the Case

Joseph L. Goldberg, of Chicago, for appellant.

Arvey, Hodes & Mantynband, of Chicago, (Ralph A. Mantynband and Howard Arvey, of counsel,) for appellee.

Order reversed and cause remanded.

Mr. PRESIDING JUSTICE McNAMARA delivered the opinion of the court:

Defendant, Harry N. Rutzky, appeals from a denial by the Circuit Court of his Section 72 petition to vacate a judgment entered against him on January 27, 1969, in favor of plaintiff.

On June 17, 1960, plaintiff obtained a judgment by confession in the amount of $5,414.50 against Excel Wholesale Grocery Co., a corporation, Joseph C. Rutzky and appellant...

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