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EHLERS v. FREY

No. 82-41.

109 Ill. App.3d 1004 (1982)

441 N.E.2d 651

GAYLON H. EHLERS, Trustee, et al., Plaintiffs-Appellees, v. ANDREW G. FREY, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied November 22, 1982.

Attorney(s) appearing for the Case

Ernest S. Kettelson, of Kettelson Law Offices, Ltd., of Joliet, for appellant.

B. Douglas Stephens, Jr., and Gary S. Schwab, both of Heyl, Royster, Voelker & Allen, of Peoria, for appellees.

Judgment affirmed.

JUSTICE HEIPLE delivered the opinion of the court:

In the original action on this cause, Gaylon H. Ehlers, trustee, for the use and benefit of Chief Industries, Inc., and Chief Industries, Inc., filed to foreclose a trust deed and note. A deficiency judgment was also sought. The defendant, Andrew G. Frey, then counterclaimed for usury. Both parties sought summary judgment on the usury counterclaim. After hearing oral arguments on the issue...

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