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HOSSELTON v. K'S MERCHANDISE MART, INC.

No. 3-92-0739.

617 N.E.2d 797 (1993)

247 Ill. App.3d 808

187 Ill.Dec. 340

Lara HOSSELTON, guardian of the Estate of Edward Niggeman, a disabled person, Plaintiff-Appellant, v. K'S MERCHANDISE MART, INC., a corporation, Defendant-Appellee.

Appellate Court of Illinois, Third District.

July 28, 1993.

Attorney(s) appearing for the Case

Edward G. Vogt, Kankakee, for Lara Hosselton.

Thomas E. Griffith, Frederick P. Erickson, Erickson, Davis, Murphy, Griffith & Walsh, Ltd., Decatur, for K's Merchandise Mart.

Justice LYTTON delivered the Opinion of the court:

The plaintiff, Lara Hosselton, as guardian of the estate of Edward Niggeman, brought suit to recover damages arising out of payments from the estate to the defendant, K's Merchandise Mart, Inc. The plaintiff claimed that the defendant accepted the payments in violation of section 5 of the Fiduciaries Obligations Act (760 ILCS 65/5 (West 1992). The trial court granted the defendant's motion for summary judgment. The...

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