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MADLENER v. FINLEY

No. 66105.

128 Ill.2d 147 (1989)

538 N.E.2d 520

MARY S. MADLENER, Appellee, v. MORGAN M. FINLEY, Clerk of the Circuit Court, Appellant.

Supreme Court of Illinois.

Rehearing denied May 26, 1989.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry, Deputy State's Attorney, and Susan Condon and Pamela L. Gray, Assistant State's Attorneys, of counsel), for appellant.

Samuel H. Young, of Samuel H. Young Professional Corp., of Skokie, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE CLARK delivered the opinion of the court:

This case raises the issue of whether a clerk of court who holds a litigant's funds pursuant to a court order pending resolution of the litigation has a duty to deposit those funds in an interest-bearing account.

The facts in this case are not in dispute. In 1981, appellee, Mary S. Madlener, was named a defendant in an interpleader action filed by an...

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