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BAILEY v. FIRST FEDERAL S & L ASS'N OF OTTAWA

No. 78-1272.

467 F.Supp. 1139 (1979)

Claude BAILEY, Plaintiff, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF OTTAWA, Defendant.

United States District Court, C. D. Illinois.

April 11, 1979.

Attorney(s) appearing for the Case

Donald R. Bird, Watts C. Johnson, Princeton, Ill., Paul C. Cation, Peoria, Ill., for plaintiff.

Donald E. Tolva and Thomas B. Cassidy, Chicago, Ill., R. Michael Henderson, Peoria, Ill., for defendant.

DECISION AND ORDER ON MOTIONS

ROBERT D. MORGAN, Chief Judge.

Plaintiff originally filed this action in the Circuit Court of Bureau County, Illinois, seeking a declaration that "due-on-sale" clauses in two mortgage deeds executed by himself and the defendant Association are unconstitutional restraints on alienation and are against the public policy of the State of Illinois. He also seeks an injunction against any foreclosure actions as a result of a certain...

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