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ALLENSWORTH v. BEN FRANKLIN SAV. & LOAN ASS'N

No. 78-54.

71 Ill. App.3d 1041 (1979)

389 N.E.2d 684

JERRY D. ALLENSWORTH et al., Plaintiffs-Appellees, v. BEN FRANKLIN SAVINGS AND LOAN ASSOCIATION, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed May 9, 1979.

Attorney(s) appearing for the Case

Kalinich, McCluskey, Mehling & Nigro, of Glen Ellyn, for appellant.

Norman Lawrence, of Aurora, for appellees.

Judgment reversed.

Mr. JUSTICE NASH delivered the opinion of the court:

Plaintiffs, Jerry and Linda Allensworth, brought this action seeking to recover a charge of $746.22 assessed against them by defendant, Ben Franklin Savings and Loan Association, when they prepaid the balance of a mortgage loan, alleging defendant fraudulently misrepresented that no such charge would be assessed. Plaintiffs also sought damages for violation by defendant of the disclosure...

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