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ZIMMERMAN v. FIRST PRODUCTION CREDIT ASS'N

Nos. 15627, 16283 cons.

89 Ill. App.3d 1074 (1980)

412 N.E.2d 216

HENRY ZIMMERMAN, Plaintiff-Appellant, v. FIRST PRODUCTION CREDIT ASSOCIATION, Defendant-Appellee. — HENRY HEIL ZIMMERMAN, Plaintiff-Appellee, v. FIRST PRODUCTION CREDIT ASSOCIATION, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed November 7, 1980.

Attorney(s) appearing for the Case

Finch & Kuehl, of Urbana, for appellant.

Robert J. Waaler, of Waaler, Evans & Gordon, of Champaign, for appellee.

Judgment affirmed.

Mr. JUSTICE GREEN delivered the opinion of the court:

The principal issue before us here is whether the payee of a note containing a provision for payment of attorneys' fees is entitled to obtain those fees for defending a declaratory judgment suit brought by a maker seeking a declaration that the maker is not liable on the instrument. The note stated:

"In the event this note is placed in the hands of an attorney for collection...

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