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LUMINALL PAINTS, INC. v. LA SALLE NAT. BANK

No. 1-90-1516.

581 N.E.2d 191 (1991)

220 Ill. App.3d 796

163 Ill.Dec. 240

LUMINALL PAINTS, INC., Plaintiff-Appellant, v. The La SALLE NATIONAL BANK, as Trustee under Trust Agreement No. 20929 dated April 10, 1959, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

September 30, 1991.

Attorney(s) appearing for the Case

Cherry & Flynn, Chicago (Myron M. Cherry and Peter Flynn, of counsel), for plaintiff-appellant.

Gould & Ratner, Chicago (Robert A. Carson, Karin T. O'Connell, of counsel), for defendant-appellee.

Justice BUCKLEY delivered the opinion of the court:

Luminall Paints, Inc.'s (Luminall) original complaint was filed on August 7, 1986, against The La Salle National Bank (Bank). After various motions and dismissals, Luminall filed its second-amended complaint alleging breach of contract, fraud and breach of fiduciary duty. The trial court dismissed this complaint pursuant to the Illinois Code of Civil Procedure section 2-619(a)(5) on the grounds that it was barred...

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