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BANK OF NAPERVILLE v. HOLZ

No. 79-486.

86 Ill. App.3d 533 (1980)

407 N.E.2d 1102

BANK OF NAPERVILLE, Plaintiff-Counterdefendant-Appellant and Cross-Appellee, v. KENNETH H. HOLZ, Defendant-Appellee. — (PAUL G. BUBALA et al., Defendants-Counterplaintiffs-Appellees and Cross-Appellants.)

Appellate Court of Illinois — Second District.

Opinion filed July 14, 1980.

Attorney(s) appearing for the Case

Harris Fawell, of Fawell, James & Brooks, of Naperville, for appellant.

Anthony F. Mannina, of Marco & Mannina, of Downers Grove, for appellee.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE LINDBERG delivered the opinion of the court:

Plaintiff, Bank of Naperville (the Bank), appeals from a judgment of the Circuit Court of Du Page County entered in favor of defendants, Paul and Carol Bubala. The Bubalas cross appeal from the dismissal of their counterclaim and from the denial of their petition for fees and costs pursuant to section 41 of the Civil Practice Act (Ill. Rev. Stat. 1977...

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