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MT PROSPECT ST. BK v. MARINE MIDLAND BK

No. 82-1110.

121 Ill. App.3d 295 (1983)

459 N.E.2d 979

MOUNT PROSPECT STATE BANK, Plaintiff-Appellee, v. MARINE MIDLAND BANK, Defendant-Appellant (Magic Automotive Products of Illinois, Inc., Defendant-Appellee).

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

Rehearing denied February 28, 1984.

Attorney(s) appearing for the Case

Paul A. Gold, of Chicago, for appellant.

Harry D. Lavery and George A. Zelcs, both of Berger, Newmark and Genchel, P.C., of Chicago, for appellee Mount Prospect State Bank.

E.K. Huszagh, of Miller, Forest, Downing, Rodman and Huszagh, Ltd., of Glenview, for appellee Magic Automotive Products of Illinois.

Charles M. Biggam, Jr., and William A. Barnett, Jr., both of Biggam, Cowan, Marquardt & Lunding, Chartered, of Chicago, for appellee John Fitzpatrick.

Order affirmed.

JUSTICE WHITE delivered the opinion of the court:

Plaintiff, Mount Prospect State Bank (Mount Prospect), brought this declaratory judgment action in the circuit court of Cook County against defendants, Marine Midland Bank (Marine Midland) and Magic Automotive Products of Illinois, Inc. (MAP of Illinois), seeking a declaration of the rights of the parties under a letter of credit issued by Mount Prospect in the amount of $50,000. John C. Fitzpatrick...

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