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OGDEN GROUP, INC. v. SPIVAK

No. 80-342.

92 Ill. App.3d 932 (1981)

416 N.E.2d 393

THE OGDEN GROUP, INC., Plaintiff-Appellant, v. DAVID SPIVAK, Defendant. — (ROGER L. FASANO, Defendant-Appellee.)

Appellate Court of Illinois — Second District.

Opinion filed January 28, 1981.

Attorney(s) appearing for the Case

Stewart Weitman and Harold I. Levine, both of Chicago, for appellant.

Malcolm Gerber, of Chicago, for appellees.

Judgment affirmed.

Mr. JUSTICE VAN DEUSEN delivered the opinion of the court:

This is an appeal by plaintiff, The Ogden Group, Inc. (hereinafter plaintiff), from an order of the circuit court vacating a default judgment entered against defendant, Roger L. Fasano (Fasano), pursuant to section 72 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 72).

The affidavit of defendant, Fasano, established the existence of a meritorious defense to...

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