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FIRST OF AMERICA, ROCKFORD v. NETSCH

No. 77305.

651 N.E.2d 1105 (1995)

166 Ill.2d 165

209 Ill.Dec. 657

FIRST OF AMERICA BANK, ROCKFORD, N.A., f/k/a United Bank of Illinois, N.A., Appellee, v. Dawn Clark NETSCH, Comptroller, State of Illinois, Appellant.

Supreme Court of Illinois.

May 18, 1995.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield (Rosalyn B. Kaplan, Solicitor Gen., and Daniel N. Malato, Asst. Atty. Gen., Chicago, of counsel), for appellant.

Thomas P. Sandquist, Stephen E. Balogh and J. Mark Doherty, Williams & McCarthy, Rockford, for appellee.

Chief Justice BILANDIC delivered the opinion of the court:

Plaintiff, First of America Bank (the Bank), brought a declaratory judgment action in the circuit court of Winnebago County against Dawn Clark Netsch, Comptroller of the State of Illinois. The Bank sought a declaration of its obligations and the Comptroller's authority under the Illinois Funeral or Burial Funds Act (Burial Funds Act) (225 ILCS 45/1 et seq. (West 1992)), the Illinois Pre-Need Cemetery...

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