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MORRIS v. BANTERRA BANK OF HAMILTON CTY.

No. 76046.

640 N.E.2d 932 (1994)

159 Ill.2d 551

203 Ill.Dec. 782

Wilma Fay MORRIS, as Independent Ex'r of the Estate of Donald J. Morris, et al., Appellees, v. BANTERRA BANK OF HAMILTON COUNTY et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied October 3, 1994.

Attorney(s) appearing for the Case

James V. O'Brien and Eric D. Paulsrud, Lewis, Rice & Fingersh, St. Louis, MO, for appellants.

Charles E. Jones, McLeansboro, for Wilma Fay Morris.

Justice HEIPLE delivered the opinion of the court:

The substantive merits of this case are wholly immaterial to the narrow procedural issue which it presents. Plaintiffs, the appellees herein, filed a section 2-615 motion for judgment on the pleadings (Ill.Rev.Stat. 1991, ch. 110, par. 2-615). The trial court did not agree. Apparently frustrated by the court's ruling and unwilling to go forward with its proofs, plaintiffs alternatively and

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