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LYONS FED. T. & S. BK. v. MOLINE NAT'L BK.

Nos. 3-89-0066, 3-89-0136 cons.

193 Ill. App.3d 108 (1990)

549 N.E.2d 933

LYONS FEDERAL TRUST & SAVINGS BANK, f/k/a Lyons Savings & Loan Association, k/n/a Lyons Savings, Plaintiff-Appellee, v. MOLINE NATIONAL BANK et al., Defendants-Appellees (George D. Guritz et al., Counterplaintiffs and Counterdefendants-Appellees; Robert J. Wolfe, d/b/a Action Plumbing, Counterdefendant and Counterplaintiff-Appellant).

Appellate Court of Illinois — Third District.

Rehearing denied February 14, 1990.

Attorney(s) appearing for the Case

Robert R. Ruud, of Sandholm, Alvine & Ruud, of Moline, and Abramson & Fox, of Chicago (Thomas L. Brejcha, Jr., and David G. Duggan, of counsel), for George D. Guritz, Gerald W. Huge, and Paul B. Murray.

Bozeman, Neighbour, Patton & Noe, of Moline (Jack L. Brooks, of counsel). for Robert J. Wolfe.

Dennis R. Fox and Thomas Harper, both of Califf, Harper, Fox, Dailey & Slover, of Moline, and William Swindal and James E. McParland, both of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago, for appellee Lyons Federal Trust & Savings Bank.

Affirmed in part, and reversed in part and remanded.

JUSTICE SCOTT delivered the opinion of the court:

Two separate appeals from the circuit court of Rock Island County have been consolidated for review. Both appeals involve the same parties and operative facts; however, the primary issues raised in each appeal are distinct.

A mortgage foreclosure action was brought in Rock Island County by Lyons Federal Trust & Savings Bank (Lyons) principally...

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