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COUNTY OF MACON v. EDGCOMB

No. 4-95-0073.

654 N.E.2d 598 (1995)

274 Ill.App.3d 432

211 Ill.Dec. 136

The COUNTY OF MACON, Illinois, Plaintiff-Appellant, v. Jim O. EDGCOMB, Deborah K. Smith (f/k/a Deborah K. Edgcomb), Magna Bank of Illinois a/k/a Magna Millikin Bank (f/k/a Millikin National Bank) and First of America Bank-Illinois, N.A. (f/k/a First of America Bank-Decatur, N.A., and Citizens National Bank), Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided August 17, 1995.

Attorney(s) appearing for the Case

Bernard A. Reinert, John W. Rourke (argued), Reinert & Duree, P.C., St. Louis, MO, for County Of Macon.

Timothy J. Howard, Stephen C. Ferlmann (argued), Howard & Howard Attorneys, P.C., Peoria, for First Of America Bank-Illinois, N.A.

Michael I. Campbell (argued), Campbell & Robinson, Decatur, for Magna Bank Of Illinois, Jim O. Edgcomb.

Justice COOK delivered the opinion of the court:

Plaintiff, the County of Macon (County), brought this action against Jim Edgcomb, Deborah Smith (f/k/a Deborah Edgcomb), Magna Bank of Illinois (Magna), and First of America Bank-Decatur, N.A. (FOA), to recover $400,000 Edgcomb embezzled from the County. The trial court dismissed the counts against FOA and Magna and made a finding under Rule 304(a) (Official Reports Advance Sheet No. 26 (Dec. 22, 1993), R. 304(a), eff...

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