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IN RE ESTATE OF PHILP

No. 82-648.

114 Ill. App.3d 107 (1983)

448 N.E.2d 535

In re ESTATE OF THOMAS H. PHILP, Deceased. — (Heather Investments, Inc., Plaintiff-Appellee, v. First National Bank of Blue Island, Defendant-Appellant.)

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

Rehearing denied May 9, 1983.

Attorney(s) appearing for the Case

Seyfarth, Shaw, Fairweather & Geraldson, of Chicago (Thomas G. Vent and Hyman K. Bielsky, of counsel), for appellant.

Jerome H. Torshen, Ltd., of Chicago (Jerome H. Torshen and Mark K. Schoenfield, of counsel), for appellee.

Reversed and remanded.

PRESIDING JUSTICE McNAMARA delivered the opinion of the court:

Plaintiff, Heather Investments, Inc., seeks $37,000 in real estate commissions from defendant First National Bank of Blue Island for Heather's role in the sale of property over which the bank holds a perfected security interest. Pursuant to a court order, $37,000 was deducted from gross sale proceeds at the closing and placed in an interest bearing account pending resolution...

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