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KATZ v. BELMONT NAT'L BANK OF CHICAGO

No. 83-376.

130 Ill. App.3d 1094 (1984)

475 N.E.2d 543

ARTHUR KATZ, d/b/a Montrose Municipal Market, Plaintiff-Appellant, v. BELMONT NATIONAL BANK OF CHICAGO, Defendant-Appellee.

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

Rehearing denied March 21, 1985.

Attorney(s) appearing for the Case

Sapoznick, Sheridan & Freidin, of Chicago (Robert P. Sheridan and John C. Vojta, of counsel), for appellant.

David A. Weininger, of Teitelbaum, Wolfberg, Guild & Toback, P.C., of Chicago (Gregory L. Tumbarello, of counsel), for appellee.

Reversed and remanded.

JUSTICE McNAMARA delivered the opinion of the court:

Plaintiff brought this class action suit against defendant, Belmont National Bank, seeking to recover funds he gave to a depositor of defendant bank. The trial court granted defendant's motion to dismiss the complaint for failure to state a cause of action and denied plaintiff's request for leave to amend the complaint. Plaintiff appeals.

Plaintiff and other class members are...

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