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TOWN & COUNTRY BK. v. E & D BANCSHARES, INC.

No. 4-87-0807.

172 Ill. App.3d 1066 (1988)

527 N.E.2d 637

TOWN & COUNTRY BANK OF QUINCY, Plaintiff-Appellant and Counterdefendant-Appellant, v. E. & D. BANCSHARES, INC., et al., Defendants-Appellees (Federal Deposit Insurance Corporation, Counterplaintiff-Appellee).

Appellate Court of Illinois — Fourth District.

Opinion filed August 4, 1988.

Attorney(s) appearing for the Case

Richard P. O'Connell, Ltd., of Quincy, and Mass, Miller & Josephson, Ltd., of Chicago, for appellant.

Jerry L. Brennan, of Keefe, Gorman & Brennan, of Quincy, for appellee Federal Deposit Insurance Corporation.

Steven E. Siebers, of Loos, Schnack & Siebers, of Quincy, for appellee First Midwest Bank of Quincy.

Affirmed in part, and reversed in part and remanded.

JUSTICE McCULLOUGH delivered the opinion of the court:

The plaintiff, Town & Country Bank of Quincy (T&C), appeals a summary judgment entered in favor of defendants in a mortgage foreclosure action. The principal issue involved in this case is whether there are triable issues of fact concerning whether defendant Mendon State Bank (MSB) acted within its powers in mortgaging its banking

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