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FIRST NAT'L BK. OF OAK LAWN v. MINKE

No 80-1177.

99 Ill. App.3d 10 (1981)

425 N.E.2d 11

FIRST NATIONAL BANK OF OAK LAWN, Plaintiff-Appellant, v. HEINZ MINKE, Defendant-Appellee.

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

Opinion filed July 31, 1981.

Attorney(s) appearing for the Case

Berger, Newmark & Fenchel, of Chicago (Donald J. Moran and Christopher J. Horvay, of counsel), for appellant.

Hedberg, Tobin, Corrigan & Wolf, of Chicago (James H. Wolf, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE MEJDA delivered the opinion of the court:

This is an appeal from an order dismissing plaintiff's second amended complaint to enforce a guaranty contract for the payment of rent upon defendant's motion made pursuant to sections 45 and 48 of the Illinois Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, pars. 45, 48.

The sole issue presented on appeal is whether the trial court properly dismissed plaintiff's second...

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