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BOATMEN'S BANK OF BENTON v. DURHAM

No. 5-89-0372.

561 N.E.2d 206 (1990)

203 Ill. App.3d 921

148 Ill.Dec. 900

BOATMEN'S BANK OF BENTON, an Illinois Banking Corporation, Plaintiff-Appellee, v. James P. DURHAM, Defendant and Third-Party Plaintiff-Appellant (J. Lloyd Tomer, Third-Party Defendant).

Appellate Court of Illinois, Fifth District.

September 5, 1990.

Attorney(s) appearing for the Case

Harris and Lambert, Marion, Darrell Dunham, Carbondale, for defendant and third-party plaintiff-appellant.

Pamela Lacey, Hart & Hart, Benton, for plaintiff-appellee.

Justice CHAPMAN delivered the opinion of the court:

Boatmen's Bank of Benton (Boatmen's Bank) filed a complaint to collect amounts due on a $20,000 note executed by James Durham in September 1985. Durham raised defenses and filed counterclaims based on previous transactions involving a note executed by Durham in 1978. Boatmen's Bank filed a motion for summary judgment, which was granted by the trial court. Durham appeals. We affirm.

Summary judgment will lie...

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