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APPLICATION OF LAKE COUNTY COLLECTOR

No. 2-95-0637.

664 N.E.2d 1049 (1996)

279 Ill. App.3d 133

216 Ill.Dec. 121

In re Application of LAKE COUNTY COLLECTOR, Petition of Goldman or Piersma, Agent for Tax Deed (First Indiana Bank, Petitioner-Appellee, v. Goldman or Piersma, Agent, Respondent-Appellant).

Appellate Court of Illinois, Second District.

Rehearing Denied May 24, 1996.

Attorney(s) appearing for the Case

Buyer & Rubin, Bruce M. Buyer, Michael J. Wilson, Chicago, Marvin Berz, Chicago, David A. Novoselsky, Margarita T. Kulys, David A. Novoselsky & Associates, Chicago, for Goldman Or Piersma Agent.

Morgan & Bley, Keevan D. Morgan, and Timothy Culbertson, Chicago, for First Indiana Bank.

Barr & Barr, John Robert Barr, Decatur, Downstate Tax Purchasers Association, amicus curiae.

Justice THOMAS delivered the opinion of the court:

The petitioner, First Indiana Bank (Bank), filed a motion pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 1994)) to set aside a tax deed that had been issued to the respondent, Goldman or Piersma, agent (hereinafter Goldman). The Bank alleged that the deed was obtained fraudulently and in violation of a federal bankruptcy court's automatic stay. Goldman filed a motion to dismiss...

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