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COHEN v. CONTINENTAL ILLINOIS NAT. BANK

No. 1-92-1490.

618 N.E.2d 1060 (1993)

248 Ill. App.3d 188

188 Ill.Dec. 490

Irwin COHEN, Plaintiff-Appellant, v. CONTINENTAL ILLINOIS NATIONAL BANK & TRUST COMPANY OF CHICAGO, Defendant-Appellee (Continental Bank N.A., formerly known as Continental Illinois National Bank & Trust Company of Chicago, Counter-Plaintiff-Appellee; Irwin Cohen, Counter-Defendant-Appellant; Allan J. Ehrlich and Mark I, Incorporated, an Illinois corporation, Counter-Defendants.

Appellate Court of Illinois, First District, Third Division.

June 30, 1993.

Attorney(s) appearing for the Case

Greenberg, Keele, Lunn & Aronberg Chicago, for appellant; Nathan H. Lichtenstein, David H. Sachs, of counsel.

Katten, Munchin & Zavis, Francis X. Grossi, Jr., Timothy A. Wolfe, Chicago, for appellee.

Justice CERDA delivered the opinion of the court:

Plaintiff, Irwin Cohen, filed this declaratory judgment action seeking determination of rights to a $75,000 certificate of deposit (CD) and the interest accrued, which was held by defendant, Continental Illinois National Bank & Trust Company of Chicago (Bank). On appeal, plaintiff asserts that (1) the trial court erred when it denied his motion for summary judgment and granted defendant's cross-motion for summary...

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