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FIRST STATE BK. & TRUST CO. v. STACKLER

No. 80-607.

93 Ill. App.3d 619 (1981)

417 N.E.2d 795

FIRST STATE BANK & TRUST COMPANY OF HANOVER PARK, Plaintiff, v. EDWARD STACKLER, Defendant. — (ILLINOIS BROADWAY CORPORATION et al., Petitioners-Appellees, v. EDWARD STACKLER, Respondent-Appellant.)

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

Opinion filed February 20, 1981.

Attorney(s) appearing for the Case

Arthur S. Gold, of Kaplan, Gold & Gallagher, Ltd., and Stackler & Stackler, both of Chicago (Sidney Z. Karasik, of counsel), for appellant.

Vincent F. Lucchese, of Chicago (Vincent F. Lucchese and James Samatas, of counsel), for appellees.

Judgment reversed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

This appeal is an outgrowth of a replevin action brought by plaintiff to obtain possession from defendant of certain items used in the operation of a restaurant in which plaintiff had a security interest. The record discloses the following concerning the property in question.

In May 1977, defendant leased premises to Illinois Broadway Corporation (Broadway) for use as a restaurant...

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