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GLUTH BROS. CONSTRUCTION v. UNION NAT'L BK.

No. 2-87-0322.

166 Ill. App.3d 18 (1988)

518 N.E.2d 1345

GLUTH BROTHERS CONSTRUCTION, INCORPORATED, et al., Plaintiffs-Appellees, v. UNION NATIONAL BANK, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed February 3, 1988.

Attorney(s) appearing for the Case

Robert A. Chapski and Randy K. Johnson, both of Law Office of Robert A. Chapski, Ltd., of Elgin (Vincent C. Argento, of counsel), for appellant.

Caldwell, Berner & Caldwell, of Woodstock (James E. Berner, of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE INGLIS delivered the opinion of the court:

This is an action in equity to recover from defendant bank certain funds that were deposited by Valley Engineering Company (Valley) in defendant, which defendant had taken claiming a setoff to satisfy certain indebtedness of Valley.

Plaintiffs, Gluth Brothers Construction, Inc., and Wayne E. Zimmerman...

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