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JPMORGAN CHASE BANK, N.A. v. EARTH FOODS

No. 107682.

939 N.E.2d 487 (2010)

238 Ill.2d 455

JPMORGAN CHASE BANK, N.A., Appellant, v. EARTH FOODS, INC., et al. (Leonard S. DeFranco, Appellee).

Supreme Court of Illinois.

October 21, 2010.

Attorney(s) appearing for the Case

James M. Crowley , Christopher S. Fowler , of Crowley & Lamb, P.C., Gary Feinerman , Andrianna Kastanek , of Sidley Austin, LLP, all of chicago, for appellant.

William P. Danna , of Western Springs ( Robert G. Black , of Naperville, of counsel), for appellee.

OPINION

Justice KILBRIDE delivered the judgment of the court, with opinion.

In this appeal, we address whether section 1 of the Sureties Act (740 ILCS 155/1 (West 2000)) is applicable to guarantors. JPMorgan Chase Bank (Bank) filed suit against Earth Foods, Inc., for breach of contract, and against Michael Jarvis, Theodore L. Petrovich, and Leonard S. DeFranco as guarantors of a defaulted loan. DeFranco sought protection under section 1 of the Sureties Act...

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