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HARRIS TRUST & SAVINGS BK. v. STEPHANS

No. 80-1937.

97 Ill. App.3d 683 (1981)

422 N.E.2d 1136

HARRIS TRUST AND SAVINGS BANK, Plaintiff-Appellant, v. ROBERT G. STEPHANS et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed June 16, 1981.

Attorney(s) appearing for the Case

Chapman & Cutler, of Chicago (Ann Acker, of counsel), for appellant.

Burke & Ryan, of Chicago (Thomas T. Burke and William E. Ryan, of counsel), for appellees.

Reversed and remanded.

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

This action was brought by Harris Trust and Savings Bank (Harris) to enforce a personal guaranty executed in 1959 by defendants Robert G. Stephans, Michael J. Stephans and Michael G. Stephans to Chicago National Bank (Chicago) covering the debts of their corporation. Following cross-motions for summary judgment, the trial court found in favor of defendants, declaring that...

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