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PEOPLES v. CARBORUNDUM CO.

No. 5-83-0437.

123 Ill. App.3d 39 (1984)

462 N.E.2d 829

JAMES O. PEOPLES, Plaintiff-Appellee, v. THE CARBORUNDUM COMPANY et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Opinion filed April 5, 1984.

Attorney(s) appearing for the Case

Burton C. Bernard and Ronald A. Roth, both of Bernard & Davidson, of Granite City, for appellant Carborundum Company.

John W. Leskera, of Dunham, Boman & Leskera, of East St. Louis, for appellant Granite Sheet Metal Works, Inc.

William W. Schooley, of Granite City, for appellee.

Reversed and remanded.

PRESIDING JUSTICE WELCH delivered the opinion of the court:

At issue in this case is whether a judgment debtor or debtors can, upon tender of the full amount of the judgment plus interest and costs to the creditor, compel the creditor to execute a release of the judgment. We hold that under section 12-183(b) of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 12-183(b)), a judgment debtor may do so.

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