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GARCIA v. CANAN

No. 94 C 697.

851 F.Supp. 327 (1994)

Bernie I. GARCIA, Plaintiff, v. David C. CANAN, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

May 6, 1994.

Attorney(s) appearing for the Case

Penny Brown of Much, Shelist, Freed, Denenberg & Ament, P.C., Chicago, IL, for plaintiff.

MEMORANDUM OPINION AND ORDER

SHADUR, Senior District Judge.

Bernie Garcia ("Garcia") sues David Canan ("Canan") for nonpayment of an Instalment Note ("Note") in the principal amount of $245,000. Although Canan's default does entitle Garcia to the entry of judgment, this Court retains the independent responsibility to make sure that the amount sought is proper — that no part of it represents an unenforceable penalty. For the reasons stated in...

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