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CITY OF O'FALLON v. BANK OF BELLEVILLE

No. 5-87-0227.

171 Ill. App.3d 584 (1988)

525 N.E.2d 1162

THE CITY OF O'FALLON, Plaintiff-Appellee, v. BANK OF BELLEVILLE, as Trustee, et al., Defendants (Fidelity & Deposit Company of Maryland, Appellant).

Appellate Court of Illinois — Fifth District.

Opinion filed June 28, 1988.

Attorney(s) appearing for the Case

David M. Duree, of O'Fallon, and James A. Bingley, of Leritz, Reinert & Duree, P.C., of St. Louis, Missouri, for appellant.

Delmar O. Koebel, of Lebanon, for appellee.

Judgment affirmed.

JUSTICE WELCH delivered the opinion of the court:

This appeal is taken from a judgment entered on March 3, 1987, in the circuit court of St. Clair County against Fidelity & Deposit Company of Maryland, acting as a surety, assessing damages in the sum of $14,310 plus costs.

On October 26, 1983, the City of O'Fallon filed suit against the Bank of Belleville, Fidelity & Deposit Company of Maryland, and Terrence McKean. The recovery...

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