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COMMERCE BANK v. AUGSBURGER

No. 4-96-0291.

680 N.E.2d 822 (1997)

288 Ill. App.3d 510

223 Ill.Dec. 872

COMMERCE BANK, Special Administrator of the Estate of Louise Osborn, Deceased, Plaintiff-Appellant, v. Matthew AUGSBURGER and Sarah Augsburger, a/k/a Chris Augsburger, Defendants-Appellees (Youth Services of Mid-Illinois, Inc., James Smith, William Roberts, Jack Gibson, Kim Williamson, Ryan McNeal, Phil Rodgers, Mari Roberts, Ronald Webber, William Sherman, Martha Carlton, Eric Hardison, Susan Bellas, Laura Franz, Andrea Tauber, Barbara Schneider, Joy Duling, Martin Stremlau and Beth Donahue, Defendants.)

Appellate Court of Illinois, Fourth District.

Decided June 5, 1997.

Attorney(s) appearing for the Case

Douglas N. Koth, Law Office of Douglas N. Koth, Bloomington, for Commerce Bank.

Mike McElvain, Law Office of Mike McElvain, Bloomington, for Matthew Augsburger.

Justice GREEN delivered the opinion of the court:

This appeal concerns the portion of a suit brought on behalf of the estate of a minor that seeks recovery in tort for negligence against the foster parents of the deceased minor. The foster parents allegedly had custody of the minor by virtue of a placement by Youth Services of Mid-Illinois, Inc. (Youth Services), pursuant to a contract it had with the Illinois Department of Children and Family Services (DCFS) concerning...

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