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AMERICAN SAVINGS ASS'N v. CONRATH

No. 5-83-0346.

123 Ill. App.3d 140 (1984)

462 N.E.2d 849

AMERICAN SAVINGS ASSOCIATION, successor in interest to Citizens Savings, Plaintiff-Appellee and Cross-Appellant, v. JOHN H. CONRATH et al., Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — Fifth District.

Opinion filed April 6, 1984.

Attorney(s) appearing for the Case

Thomas A. Thebus, of O'Fallon, for appellants.

Patrick M. Flynn, of Jennings, Tedesco, Flynn & Guymon, of Belleville, for appellees.

Judgment affirmed and cause remanded.

JUSTICE HARRISON delivered the opinion of the court:

This appeal follows a judgment of foreclosure entered in the circuit court of St. Clair County. A judicial sale took place pursuant to this judgment, but was set aside by order of the trial court pending this appeal. The issues presented on appeal are (1) whether foreclosure should have been precluded as violative of the Illinois usury statute (Ill. Rev. Stat. 1981,...

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