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DIVER v. VILLAGE OF GLENCOE

No. 77-1445.

63 Ill. App.3d 591 (1978)

379 N.E.2d 1214

CAROL DIVER et al., Plaintiffs-Appellees, v. THE VILLAGE OF GLENCOE, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Supplemental opinion filed on denial of rehearing September 8, 1978.

Attorney(s) appearing for the Case

G. Kent Yowell, of Northbrook (Littlejohn, Glass & Yowell, of counsel), for appellant.

Herbert Lesser and Willard J. Lassers, both of Chicago, for appellees.

Affirmed in part, vacated in part and remanded.

Mr. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

Plaintiffs, Carol Diver and Helen Sutton, brought this action seeking both a declaration that defendant held certain of their funds under an express trust and an accounting of such funds. Defendant thereafter filed a counterclaim for costs under section 41 of the Civil Practice Act (Ill. Rev. Stat...

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