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ARIANS v. LARKIN BANK

No. 2-93-0046.

625 N.E.2d 1101 (1993)

253 Ill. App.3d 1037

192 Ill.Dec. 946

Alice ARIANS et al., Plaintiffs and Counterdefendants-Appellees, v. LARKIN BANK, Defendant and Counterplaintiff-Appellant (Michael W. Arians et al., Counterdefendants-Appellees).

Appellate Court of Illinois, Second District.

December 22, 1993.

Attorney(s) appearing for the Case

Frank V. Ariano, Gary M. Vanek, Ariano, Anderson, Bazos, Hardy & Castillo, Elgin, for The Larkin Bank.

Robert S. Wilson, Sycamore, for Alice and Carl E. Arians.

Justice McLAREN delivered the opinion of the court:

The defendant-counterplaintiff, the Larkin Bank, appeals from the judgment of the circuit court of Kane County in favor of the plaintiffs-counterdefendants, Alice and Carl E. Arians, which declared rescinded a $57,875.43 note and accompanying trust deed held by the bank on their farm. The trial court denied the bank's counterclaim for foreclosure on the Arianses' mortgage and a personal deficiency judgment. We affirm...

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