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BANNER WHSLE. GROCERIES v. AMER. TRUCK LEASING

No. 80-1882.

99 Ill. App.3d 904 (1981)

426 N.E.2d 11

BANNER WHOLESALE GROCERIES CO., INC., Plaintiff-Appellant, v. AMERICAN TRUCK LEASING CO., Defendant-Appellee.

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

Opinion filed August 31, 1981.

Attorney(s) appearing for the Case

Leonard E. Newman, of Chicago, for appellant.

Kugler, DeLeo & D'Arco, Ltd., of Chicago (William J. Harte and David J. Walker, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE McGLOON delivered the opinion of the court:

On August 24, 1970, Avis-Rent-a-Car Systems, Inc. (Avis), and Banner Wholesale Groceries Co., Inc. (Banner), entered into a binding truck lease (Avis lease) and service contract. The parties agreed that the lease was effective for a minimum period of five years, terminable thereafter by either party upon 30 days' written notice. The lease contained an exculpatory clause which stated...

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