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COMMERCE BANK, N.A. v. PLOTKIN

No. 3-93-0374.

627 N.E.2d 746 (1994)

255 Ill. App.3d 870

194 Ill.Dec. 409

COMMERCE BANK, N.A., Successor to the First National Bank of Peoria, as Trustee under Trust Agreement No. 49-6096-00-9, f/k/a Trust No. 77-6096-00-0, dated August 29, 1986, and GHSC Associates Limited Partnership, Plaintiffs-Appellants, v. Willard J. PLOTKIN, Carol T. Plotkin, and Columbia Rug & Linoleum Co., Inc., Defendants-Appellees.

Appellate Court of Illinois, Third District.

January 20, 1994.

Attorney(s) appearing for the Case

William R. Kohlhase (argued), Thomas R. Davis, Miller, Hall & Triggs, Peoria, for Commerce Bank, N.A. and GHSC Assoc. Ltd. Partnership.

Thomas E. Letter, Sandra J. Birdsall (argued), The Letter Group, Peoria, for Willard J. Plotkin, Carol T. Plotkin and Columbia Rug & Linoleum Co.

Justice STOUDER delivered the opinion of the court:

The plaintiffs, Commerce Bank, N.A. and GHSC Associates Limited Partnership, filed a complaint against the defendants, Willard Plotkin, Carol Plotkin, and Columbia Rug & Linoleum Company, Inc., alleging abuse of process. The defendants filed a motion to dismiss pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1992)) alleging that the complaint failed to state...

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