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FIRST BANK v. UNIQUE MARBLE AND GRANITE

No. 2-09-1287.

938 N.E.2d 1154 (2010)

FIRST BANK, Plaintiff-Appellee, v. UNIQUE MARBLE AND GRANITE CORPORATION and Daniel M. Hahn, Defendants (James Gallo, as Assignee for the Benefit of Creditors of Unique Marble and Granite Corporation, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

November 17, 2010.

Attorney(s) appearing for the Case

Marie L. Nienhuis , Beck, Chaet, Bamberger & Polsky, S.C., Milwaukee, WI, for James Gallo.

John H. Boyd, Zanck , Coen & Wright, Crystal Lake, for First Bank.

Justice JORGENSEN delivered the opinion of the court:

I. INTRODUCTION

Plaintiff, First Bank, obtained a judgment against defendants, Unique Marble and Granite Corporation and its corporate officer, Daniel M. Hahn, and moved to collect on that judgment. James Gallo intervened, seeking fees and expenses for his duties as assignee for the benefit of Unique Marble's creditors. First Bank moved for summary judgment against Gallo, asserting that, as a perfected...

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