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BANK OF ASPEN v. FOX CARTAGE, INC.

No. 2-86-0695.

158 Ill. App.3d 939 (1987)

511 N.E.2d 1234

BANK OF ASPEN, Plaintiff-Appellee and Cross-Appellant, v. FOX CARTAGE, INC., et al., Defendants (Batavia Bank, Citation Respondent-Appellant and Cross-Appellee.)

Appellate Court of Illinois — Second District.

Rehearing denied August 6, 1987.

Attorney(s) appearing for the Case

David Drenk and Douglas Drenk, both of Drenk & Drenk, Ltd., and Louis A. Varchetto, of Guerard, Kalina, Musial, Ulrich, & Varchetto, both of Wheaton, for appellant.

Lambert M. Ochsenschlager, Wayne F. Weiler, and James C. James III, all of Reid, Ochsenschlager, Piccony & Weiler, of Aurora, for appellee.

Affirmed in part, and reversed in part, and remanded.

JUSTICE UNVERZAGT delivered the opinion of the court:

This case involves an appeal by Batavia Bank, a third-party citation respondent, and a cross-appeal by the plaintiff. The plaintiff, Bank of Aspen (hereinafter referred to as Aspen), made a loan to the judgment debtor, David L. Thomas, in 1981. Thomas eventually defaulted on the loan, and on April 19, 1984, a Colorado court entered judgment against him...

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