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FITZGERALD v. CHICAGO TITLE & TRUST CO.

No. 76-40.

46 Ill. App.3d 526 (1977)

361 N.E.2d 94

ROGER J. FITZGERALD et al., Individually and as Representatives of a Class, Plaintiffs-Appellants, v. CHICAGO TITLE & TRUST COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied April 1, 1977.

Attorney(s) appearing for the Case

Robert S. Atkins, of Freeman, Freeman & Atkins, Ltd., and Eugene I. Pavalon, of Asher, Greenfield, Goodstein, Pavalon & Segall, Ltd., both of Chicago, for appellants.

Francis J. Higgins, of Bell, Boyd, Lloyd, Haddad & Burns, of Chicago, for appellee.

William J. Scott, Attorney General, of Chicago (Edwin C. Thomas and Thomas J. Ciechanowski, Assistant Attorneys General, of counsel), for amicus curiae State of Illinois.

Reversed and remanded.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Plaintiffs are buyers and sellers of real property in Cook County, Illinois, who purchased title reports, title insurance and other services from Chicago Title & Trust Company (CT&T) through the institutions which financed their transactions. CT&T paid an allowance of 10 percent of the fee for its services to the financial...

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