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FIRST NAT'L BK. v. EQUITABLE LIFE ASSUR. SOC.

No. 4-87-0038.

157 Ill. App.3d 408 (1987)

510 N.E.2d 518

THE FIRST NATIONAL BANK OF SPRINGFIELD, Plaintiff-Appellant, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed June 29, 1987.

Attorney(s) appearing for the Case

Brown, Hay & Stephens, of Springfield (Harvey B. Stephens and William F. Trapp, of counsel), for appellant.

Phebus, Tummelson, Bryan & Knox, of Urbana (George G. Bryan, of counsel), for appellee.

Judgment affirmed.

JUSTICE GREEN delivered the opinion of the court:

The sum of $27,000 is contested here. Plaintiff, the First National Bank of Springfield (bank), asserting unjust enrichment, brought this action to require the return of that sum from the defendant, Equitable Life Assurance Society of the United States (Equitable). Equitable lays claim to the money as a valid prepayment penalty received under...

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