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PEOPLE EX REL. IL. ST. SCH. COM. v. CARUTHERS

No. 82-594.

117 Ill. App.3d 767 (1983)

454 N.E.2d 17

THE PEOPLE ex rel. ILLINOIS STATE SCHOLARSHIP COMMISSION, Plaintiff-Appellee, v. YVONNE CARUTHERS, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed August 31, 1983.

Attorney(s) appearing for the Case

Orville E. Hambright, Jr., of Chicago, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield (Rosalyn B. Kaplan, Assistant Attorney General, of counsel), for appellee.

Order affirmed and cause remanded.

JUSTICE McGILLICUDDY delivered the opinion of the court:

The Illinois State Scholarship Commission (ISSC) brought this action against Yvonne Caruthers, defendant, for repayment of a student loan. The defendant filed a motion to dismiss the complaint, alleging that the ISSC debt had been discharged in bankruptcy. The motion was denied. The trial court certified the following question, which is the sole issue for review:

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