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EMERSON v. LA SALLE NATIONAL BANK

No. 75-323.

40 Ill. App.3d 794 (1976)

352 N.E.2d 45

GORDON E. EMERSON, JR., et al., Plaintiffs-Appellants, v. LA SALLE NATIONAL BANK et al., Defendants-Appellees.

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

Opinion filed July 27, 1976.

Attorney(s) appearing for the Case

Sonnenschein, Carlin, Nath & Rosenthal, of Chicago, and Wasneski, Yastrow, Kuseski & Flanigan, of Waukegan, for appellants.

Lawrence M. Freedman, of Ash, Anos, Harris & Freedman, of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

The plaintiffs filed a complaint in two counts, count I for foreclosure and sale of mortgaged real estate and count II for recovery on a separate instrument of guaranty. Under a consent decree, the court ordered the foreclosure and sale. The plaintiffs' bid at the sale resulted in a deficiency. The plaintiffs moved for summary judgment for the amount of the deficiency based on...

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