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WILDER BINDING v. OAK PK. TR. & SAV. BK.

No. 67709.

135 Ill.2d 121 (1990)

552 N.E.2d 783

WILDER BINDING COMPANY, Appellee, v. OAK PARK TRUST AND SAVINGS BANK, Appellant.

Supreme Court of Illinois.

Rehearing denied April 9, 1990.

Attorney(s) appearing for the Case

William B. Davenport, Lynn A. Goldstein and Mary S. Binder, of the Law Department of The First National Bank of Chicago; Michael B. Susman, Robert J. Krull and Jonathan L. Loew, of Spitzer, Addis, Susman & Krull, all of Chicago, for appellant.

Loren J. Mallon and Marc R. Jacobs, of Gottlieb & Schwartz, of Chicago, for appellee.

John J. Gill, Michael F. Crotty and Thomas J. Greco, of Washington, D.C., for amicus curiae American Bankers Association.

Michael J. Sweeney and Timothy R. Kane, of Sidley & Austin, of Chicago, for amicus curiae Chicago Clearing House Association.

Harvey B. Stephens, Emmet A. Fairfield and Denise M. Druhot, of Brown, Hay & Stephens, of Springfield, for amicus curiae Illinois Bankers Association.

Johnson & Colmar, of Chicago (Mark V. Chester and Elizabeth J. Cohen, of counsel), for amicus curiae Illinois Public Action Council.

Appellate court reversed; circuit court reversed; cause remanded.

CHIEF JUSTICE MORAN delivered the opinion of the court:

Plaintiff, Wilder Binding Company, filed this breach of contract action in the circuit court of Cook County against defendant, Oak Park Trust and Savings Bank. Plaintiff sought to recover $19,630 in damages from defendant, because of its alleged improper payment of a series of forged checks. Plaintiff filed a motion for summary judgment...

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