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FILOSA v. PECORA

No. 76-300.

44 Ill. App.3d 912 (1976)

358 N.E.2d 1213

ANTHONY FILOSA et al., Plaintiffs, v. CARLOS PECORA et al., Defendants. — MICHAEL J. LOWY et al., Intervening-Plaintiffs-Appellees, v. ANTHONY FILOSA et al., Defendants. — (FIRST ARLINGTON NATIONAL BANK OF ARLINGTON HEIGHTS, Impleaded Defendant-Appellant.)

Appellate Court of Illinois — First District (3rd Division).

Opinion filed December 16, 1976.

Attorney(s) appearing for the Case

Pierce, Daley & Penn, of Chicago, for appellant First Arlington National Bank.

Charles V. Falkenberg, Jr., of Chicago, for appellee Marianna Pecora.

Gordon, Brustin & Schaefer, Ltd., of Chicago (Gilbert W. Gordon, of counsel), for appellees Michael J. Lowy and John A. Canna.

Order affirmed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

This is an appeal by First Arlington National Bank (Bank) from an order finding that the Bank was a stakeholder and not entitled to any share of the funds held by it under an escrow agreement, and ordering the Bank to turn over to Marianna Pecora $12,000 plus interest from the escrow funds. Two issues are presented: (1) whether an order entered by the trial court on November 19, 1974, terminated...

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