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FIRST ARLINGTON NAT'L BK. v. STATHIS

No. 79-1441.

90 Ill. App.3d 802 (1980)

413 N.E.2d 1288

FIRST ARLINGTON NATIONAL BANK, Plaintiff-Appellee, v. GUS STATHIS, Defendant and Counterplaintiff-Appellant. — (DENIS J. RINTZ et al., Defendants and Counterdefendants.)

Appellate Court of Illinois — First District (5th Division).

Rehearing denied January 7, 1981.

Attorney(s) appearing for the Case

Jerome H. Torshen, Ltd., of Chicago (Jerome H. Torshen and Abigail K. Spreyer, of counsel), for appellant.

Vihon, Fuchs, Temple & Berman, Ltd., of Chicago (Robert F. Fuchs and Vincent F. Lucchese, of counsel), for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

Defendant Stathis, in appealing the entry of summary judgment for plaintiff in an action for declaratory judgment concerning the parties' rights and obligations under a letter of credit, presents as the sole issue the propriety of that judgment.

The facts are largely undisputed. It appears that in early 1973, Stathis...

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