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E. PEORIA COMMUNITY H.S.D. 309 v. GRAND STAGE LIGHTING CO.

No. 3-91-0870.

601 N.E.2d 976 (1992)

233 Ill. App.3d 481

176 Ill.Dec. 278

EAST PEORIA COMMUNITY HIGH SCHOOL DISTRICT NO. 309, Plaintiff, v. GRAND STAGE LIGHTING COMPANY, et al., Defendants (Union Roofing, et al., Counter-Plaintiffs; East Peoria Community High School District No. 309, et al., Counter-Defendants; Grand Stage Lighting Co., Third Party Plaintiff-Appellant; Commerce Bank, N.A., Successor to The First National Bank of Peoria, Third Party Defendant-Appellee).

Appellate Court of Illinois, Third District.

September 4, 1992.

Attorney(s) appearing for the Case

Eric S. Rein, Chicago, Bret A. Rappaport, argued, Schwartz, Cooper, Kolb & Gaynor, Chicago, William R. Kelly, Peoria, for Grand Stage Lighting Co.

Andrew W. Covey, argued, Baymiller, Christison & Radley, Peoria, for 1st Nat'l Bank of Peoria.

Justice GORMAN delivered the opinion of the court:

This action was brought by plaintiff Grand Stage Lighting to impose a constructive trust on funds which defendant First National Bank of Peoria set off from a customer-debtor's general business account. The trial court granted summary judgment for defendant. We affirm.

Tousley-Iber was a general contractor for commercial real estate. It maintained a business checking account at defendant Bank. It received...

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