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COMMUNITY 1ST CREDIT UNION v. BOSWELL

No. 4-98-0190

706 N.E.2d 520 (1999)

COMMUNITY 1ST CREDIT UNION, Plaintiff-Appellee and Cross-Appellant, v. John C. BOSWELL, Defendant, and Ampad Corporation, a division of American Pad and Paper Corporation, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Fourth District.

February 4, 1999.

Attorney(s) appearing for the Case

Richard C. Hayden, Kathleen M. Stockwell, Craig & Craig, Mattoon, for Ampad Corporation.

Ronald E. Fuhr, Martin W. Siemer, Parker, Siemer, Austin, Resch & Fuhr, Effingham, for Community 1st Credit Union.

Justice COOK delivered the opinion of the court:

Ampad Corporation, a division of American Pad and Paper Company (Ampad), a garnishee against whom conditional judgment was entered and affirmed, appeals the denial of its section 2-1401 (735 ILCS 5/2-1401 (West 1996)) petition. We vacate the default judgment against Ampad and remand for further proceedings.

In March 1996, plaintiff Community 1st Credit Union (Community) sued John Boswell to recover on an overdue...

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