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UNION BANK v. BLACKSTONE SUNBURY-NEV.

No. 4-92-0985.

627 N.E.2d 385 (1993)

254 Ill. App.3d 206

194 Ill.Dec. 269

UNION BANK, Plaintiff-Appellee, v. BLACKSTONE SUNBURY-NEVADA GRAIN COMPANY, INC., Defendant (The Department of Agriculture, Bureau of Warehouses, Defendant-Appellant).

Appellate Court of Illinois, Fourth District.

December 16, 1993.

Rehearing Denied February 10, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Daniel N. Malato, Asst. Atty. Gen. (argued), Chicago, for defendant-appellant.

Richard J. Berry (argued), Stephen C. Myers, Myers, Daugherity, Berry & O'Conor, Ltd., Streator, for plaintiff-appellee.

Harvey B. Stephens, Emmet A. Fairfield, Denise M. Druhot, Brown, Hay & Stephens, Springfield for amicus curiae, Illinois Bankers Ass'n.

Joseph M. Ambrose, Jeffrey C. Orr, Saint & Ambrose, P.C., Bloomington for amicus curiae, Community Bankers Ass'n.

Justice STEIGMANN delivered the opinion of the court:

In December 1991, plaintiff, Union Bank (Bank), sued the Illinois Department of Agriculture, Bureau of Warehouses (Department), and the Blackstone Sunbury-Nevada Grain Company, Inc. (BSN), seeking declaratory and injunctive relief. After a bench trial, the court found in favor of the Bank. The Department appeals, and we reverse.

I. BACKGROUND

In 1989 and 1990, the Bank loaned money to BSN to operate...

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