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MURCZEK v. POWERS LABEL CO.

No. 60925.

31 Ill. App.3d 939 (1975)

335 N.E.2d 172

ANNA MURCZEK, Plaintiff, v. POWERS LABEL COMPANY, Defendant — (POWERS LABEL COMPANY, Third-Party Plaintiff-Appellee, v. GEORGE A. NATZKE COMPANY et al., Third-Party Defendants — (GEORGE A. NATZKE COMPANY, Third-Party Defendant-Appellant).)

Appellate Court of Illinois — First District (1st Division).

Rehearing denied September 30, 1975.

Attorney(s) appearing for the Case

Joseph Michael O'Callaghan, of Chicago, for appellant.

Kirkland & Ellis, of Chicago (Thomas G. Finn and Jack T. Riley, Jr., of counsel), for appellee.

Judgment affirmed.

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

The George A. Natzke Company appeals from an order denying its petition for attorney's fees incurred in the defense of allegedly untruthful claims brought by the Powers Label Company in a third-party complaint. The petition for fees is based upon section 41 of the Civil Practice Act, which provides:

"Allegations and denials, made without reasonable cause and not in...

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