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MELROSE PARK NAT'L BK. v. CAPITOL BK. & TR.

No. 2-88-0717.

180 Ill. App.3d 662 (1989)

536 N.E.2d 104

MELROSE PARK NATIONAL BANK, as Trustee, Plaintiff-Appellee, v. CAPITOL BANK & TRUST, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed March 7, 1989.

Attorney(s) appearing for the Case

Joel A. Stein, of Laser, Schostok, Kolman & Frank, of Chicago (Melbourne A. Noel, of counsel), for appellant.

Ralph L. Dichtl, of Wheaton (Lloyd E. Dyer, Jr., of counsel), for appellee.

Reversed and remanded.

JUSTICE WOODWARD delivered the opinion of the court:

Machinery and materials in which defendant, Capitol Bank & Trust, held a security interest were left on the plaintiff's property by tenant National Renovations, Inc. (National), which declared bankruptcy. Plaintiff, Melrose Park National Bank, as trustee, sued defendant to recover rental charges, cleanup costs, utilities, and fixtures allegedly wrongfully removed from the property...

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