No. 2-90-0497.

569 N.E.2d 1247 (1991)

211 Ill. App.3d 1

155 Ill.Dec. 636

The FIRST NATIONAL BANK OF GENEVA, Plaintiff-Appellant, v. Norman E. LIVELY, et al., Defendants-Appellees, (The First National Bank of Geneva, as Trustee, Defendants).

Appellate Court of Illinois, Second District.

April 1, 1991.

Attorney(s) appearing for the Case

Paul A. Lewis, Lisa M. Nyuli, Alschuler, Putnam, McWethy, Funkey & Lewis, P.C., Aurora, for First Nat. Bank of Geneva.

Stephen M. Cooper, Law Offices of Cooper, Storm & Petesch, Geneva, for Norman E. Lively and Shirley J. Lively.

Justice BOWMAN delivered the opinion of the court:

Plaintiff, The First National Bank of Geneva (Bank), appeals from an order entered in the circuit court of Du Page County granting the motion of defendants, Norman E. Lively and Shirley J. Lively (Livelys), to dismiss plaintiff's action pursuant to section 2-619(a)(6) of the Civil Practice Law (Ill.Rev.Stat.1989, ch. 110, par. 2-619(a)(6)). The issue raised on appeal is whether the trial court erred in granting defendants...

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