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FIRST GALESBURG NAT'L BANK AND TRUST CO. v. JOANNIDES

No. 58973.

103 Ill.2d 294 (1984)

469 N.E.2d 180

FIRST GALESBURG NATIONAL BANK AND TRUST COMPANY, Appellant, v. LOUIS JOANNIDES et al., Appellees.

Supreme Court of Illinois.

Opinion filed September 20, 1984.

Attorney(s) appearing for the Case

Stephen R. Olson, of Lucas, Brown & McDonald, of Galesburg, for appellant.

Barash, Stoerzbach & Henson, of Galesburg (Barry M. Barash, of counsel), for appellees.

Reversed and remanded.

JUSTICE WARD delivered the opinion of the court:

This appeal involves a conflict within the appellate court on the question of whether the failure of a secured creditor to give notice to the debtor or guarantor (see Commercial Discount Corp. v. Bayer (1978), 57 Ill.App.3d 295) of the sale of collateral bars the creditor from recovering a deficiency from the debtor or guarantor. The circuit...

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