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MOLTER CORP. v. AMWEST SUR. INS. CO.

No. 3-94-0236.

642 N.E.2d 919 (1994)

267 Ill. App.3d 718

205 Ill.Dec. 54

MOLTER CORPORATION, an Illinois corporation, Plaintiff-Appellee, v. AMWEST SURETY INSURANCE COMPANY, Defendant-Appellant, and First National Bank of Joliet, a National Banking Corporation, Defendant.

Appellate Court of Illinois, Third District.

November 18, 1994.

Attorney(s) appearing for the Case

T. Scott Leo (argued), Scott O. Reed, Patrick G. Donnelly, Sedgwick, Detert, Moran & Arnold, Chicago, for Amwest Sur. Ins. Co.

Thomas Feehan (argued), Rooks, Pitts & Poust, Joliet, for Molter Corp.

Wayne R. Johnson, Roger D. Rickmon, Herschbach, Tracy, Johnson, Bertani & Wilson, Joliet, for First Nat. Bank of Joliet.

Justice McCUSKEY delivered the opinion of the court:

The defendant, Amwest Surety Insurance Company (Amwest), appeals from a judgment of the circuit court of Will County granting summary judgment for the plaintiff, Molter Corporation (Molter).

The trial court's judgment declared that a letter of credit, issued to Amwest by the First National Bank of Joliet (Bank), had expired before Amwest tendered any drafts on it. On appeal, Amwest asserts that the letter...

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