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AMERICAN NAT. BANK AND TRUST CO. v. STEINER

No. 1-90-1254.

603 N.E.2d 8 (1991)

235 Ill. App.3d 1101

177 Ill.Dec. 227

AMERICAN NATIONAL BANK AND TRUST COMPANY, Plaintiff-Appellee, Cross-Appellant, v. Lester STEINER, Defendant Paul Skulsky, Defendant-Appellant, Cross-Appellee.

Appellate Court of Illinois, First District, Second Division.

December 24, 1991.

Attorney(s) appearing for the Case

Robert A. Holstein, John M. Mack, Aron D. Robinson, Holstein, Mack & Klein, Chicago, for defendant-appellant, cross-appellee.

Gerald G. Saltarelli, Michael A. Stick, Mary L. Hayes, Butler, Rubin, Newcomer, Saltarelli, Boyd & Krasnow, Chicago, for plaintiff-appellee, cross-appellant.

Presiding Justice SCARIANO delivered the opinion of the court:

On May 20, 1982, in exchange for a $1.2 million loan obtained from plaintiff American National Bank and Trust Company (Bank), defendant Lester Steiner gave his two promissory notes, on which defendant Paul Skulsky agreed to be guarantor. Each of Skulsky's guaranties contained provisions which gave the Bank the right to recover costs and attorney fees "paid or...

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