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FIRST STATE BANK v. De KALB BANK

Nos. 2-88-0165, 2-88-0178 cons.

175 Ill. App.3d 812 (1988)

530 N.E.2d 544

THE FIRST STATE BANK OF MAPLE PARK, Plaintiff-Appellant, v. THE De KALB BANK, as Trustee, et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed October 26, 1988.

Attorney(s) appearing for the Case

Wiley W. Edmondson and Charles F. Haverty III, both of Brady, McQueen, Martin, Collins & Jensen, of Elgin, and Krupp & Krupp, of De Kalb, for appellant.

Robert P. Carlson, of De Kalb, for appellees.

Joseph M. Ambrose, of Saint & Ambrose, P.C. of Bloomington, for amicus curiae Community Bankers Association of Illinois.

Judgment reversed.

JUSTICE REINHARD delivered the opinion of the court:

Plaintiff, the First State Bank of Maple Park, filed a complaint for replevin against the De Kalb Bank, as trustee, George Stratton, Mary Rita, Inc., and Mary R. Nelson. Plaintiff alleged that the De Kalb Bank, as trustee, and George Stratton (hereinafter defendants) had seized certain personal property under a landlord's distress warrant and that the seized property was plaintiff's collateral...

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