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RUBIN v. BOORSTEIN

No. 78-880.

73 Ill. App.3d 689 (1979)

392 N.E.2d 919

STEPHEN D. RUBIN et al., Plaintiffs-Appellees, v. RONALD L. BOORSTEIN, Defendant-Appellee. — (GUARANTY FIDELITY, INC., Intervening Petitioner-Appellant.)

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 22, 1979.

Attorney(s) appearing for the Case

Burke & Burke, Ltd., of Chicago (John M. Burke, of counsel), for appellant.

Laser, Schostok, Kolman & Frank, of Chicago (Richard G. Schoenstadt, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Intervening petitioner (Guaranty) appeals from an order denying its motion to vacate a default judgment entered in favor of plaintiffs (Rubin and Weis) against defendant (Boorstein). Guaranty contends that it was a necessary and indispensable party to the litigation between Rubin and Weis and Boorstein and that the judgment entered in Guaranty's absence is null and void.

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