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BATTLES v. LaSALLE NAT. BANK

Nos. 1-90-3216, 1-90-3370 and 1-90-3451.

608 N.E.2d 438 (1992)

240 Ill. App.3d 550

181 Ill.Dec. 365

Wilton L. BATTLES, Jr. and William P. Rizzo, Plaintiffs-Appellants, v. LaSALLE NATIONAL BANK, et al., Defendants-Appellees. Wilton L. BATTLES and William P. Rizzi, Plaintiffs-Appellees, v. Gerald E. ANDERSON, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied February 5, 1993.

Attorney(s) appearing for the Case

Donald L. Johnson, Chicago, for defendants-appellants and defendants-appellees Gerald Anderson & LaSalle Nat. Bank, et al.

Robert Habib, Chicago, for plaintiffs-appellants and plaintiffs-appellees Battles and Rizzo.

Justice CERDA delivered the opinion of the court:

Plaintiffs, Wilton L. Battles, Jr. and William P. Rizzo, sued defendant, Gerald E. Anderson, for breach of fiduciary duty for selling their partnership real estate to a third party. Defendant's defense was that the partnership had previously been terminated by mutual agreement of all three partners. Prior to trial, defendant moved for summary judgment on the grounds that Illinois law requires an accounting and a full...

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