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MERTEL v. HOWARD JOHNSON CO.

No. 3-89-0038.

191 Ill. App.3d 114 (1989)

547 N.E.2d 670

JOSEPH MERTEL et al., Plaintiffs-Appellants and Counterdefendants-Appellants, v. HOWARD JOHNSON COMPANY, INC., et al., Defendants-Appellees (Howard Johnson Company, Inc., et al., Counterplaintiffs-Appellees; Arthur Mertel, Counterdefendant).

Appellate Court of Illinois — Third District.

Opinion filed November 22, 1989.

Attorney(s) appearing for the Case

Charles W. Helmig III, of Peru, for appellants.

Stephen C. Myers, of Myers, Daugherity, Berry & O'Conor, Ltd., of Streator, for appellee Howard Johnson Company, Inc.

Joseph E. Lanuti, of Hupp, Lanuti, Irion & Martin, of Ottawa, for appellee Electrical Workers Benefit Association.

Paul Perona, of Perona Law Offices, of Peru, for appellee Mariott, Inc.

Judgment affirmed.

JUSTICE STOUDER delivered the opinion of the court:

The plaintiffs, Joseph Mertel and Anthony Mertel, filed a complaint for partition of a parcel of real estate they owned as tenants in common along with one of the defendants, Arthur Mertel. The other defendants are owners and lessees of an adjoining parcel. The defendants filed a countercomplaint for declaratory judgment seeking a determination as to the enforceability of a restrictive...

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