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FITZGERALD v. CHICAGO TITLE & TRUST CO.

No. 49499.

72 Ill.2d 179 (1978)

380 N.E.2d 790

ROGER FITZGERALD et al., Appellees, v. CHICAGO TITLE AND TRUST COMPANY, Appellant.

Supreme Court of Illinois.

Opinion filed May 26, 1978.

Attorney(s) appearing for the Case

John C. Christie, Jr., Francis J. Higgins, and William R. Dillon, of Chicago (Bell, Boyd, Lloyd, Haddad & Burns, and Concannon, Dillon, Snook & Morton, of counsel), for appellant.

Robert S. Atkins and Eugene I. Pavalon, of Chicago (Freeman, Atkins & Coleman, Ltd., and Asher, Greenfield, Goodstein, Pavalon & Segall, Ltd., of counsel), for appellees.

William J. Scott, Attorney General, of Springfield (Thomas J. Ciechanowski, Assistant Attorney General, of Chicago, of counsel), amicus curiae.

Judgment affirmed.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

Plaintiffs, Roger J. Fitzgerald, Joanne Fitzgerald, Charles Searcy and Deama Searcy, appealed from the judgment of the circuit court of Cook County entered in favor of defendant, Chicago Title and Trust Company, upon allowance of its motion to dismiss plaintiffs' complaint. The appellate court reversed (46 Ill.App.3d 526), and we allowed...

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