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GROWER SERVICE CORP. v. BROWN

No. 3-89-0361.

561 N.E.2d 1294 (1990)

204 Ill. App.3d 532

149 Ill.Dec. 598

GROWER SERVICE CORPORATION, a New York Corporation, Plaintiff-Appellee, v. Charles W. BROWN, Jr., Paul D. Young, Erie Ag Service, a general partnership, Defendants (Smith Trust & Savings Bank, a national banking corporation, Defendant-Appellant).

Appellate Court of Illinois, Third District.

October 9, 1990.

Attorney(s) appearing for the Case

Thomas J. Potter (argued), Ludens, Potter & Burch, Morrison, for Smith Trust & Sav. Bank.

Ralph E. Elliott (argued), Plager, Hasting & Krug, Ltd., Freeport, for Grower Service Corp.

Presiding Justice HEIPLE delivered the opinion of the court:

Defendant Smith Trust & Savings Bank (Bank) appeals from an order of the circuit court of Whiteside County refusing to dissolve a preliminary injunction which prevents defendant from applying certain funds belonging to Erie Ag Service (Erie Ag) to satisfy outstanding unsecured loans owed by Erie Ag to defendant. Grower Service Corporation, plaintiff, is also an unsecured creditor of Erie Ag.

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