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FIRST NAT. BANK IN CHAMPAIGN v. PACE

Gen. No. 10,391.

35 Ill. App.2d 390 (1962)

183 N.E.2d 35

The First National Bank in Champaign, as Executor of the Will of Mary E. Buchan, Deceased, Plaintiff, v. O.B. Pace et al., Defendants. The First National Bank in Champaign, etc., Plaintiff-Appellee, and O.B. Pace, Defendant-Appellee, v. Lynn Penninger, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied June 20, 1962.

Attorney(s) appearing for the Case

Reno & O'Byrne (Donald M. Reno, of counsel), of Champaign, for appellant.

Wheat, Hatch & Corazza (James H. Wheat and Harold A. Baker, of counsel), of Champaign, for appellee.

CARROLL, J.

This is an interpleader action brought by plaintiff, The First National Bank in Champaign, as executor of the Will of Mary E. Buchan, Deceased, seeking to have determined which of the two defendants is entitled to a real estate brokers' commission on the sale by plaintiff of certain real estate to Hershel Roth and Jane Roth. Upon answers being filed, the court heard evidence and entered a decree in favor of the defendant, O.B. Pace. Prior to the commencement...

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