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RIVER FOREST STATE BANK AND TRUST CO. v. ROSEMARY JOYCE ENTER. INC.

No. 1-96-3335.

689 N.E.2d 163 (1997)

294 Ill. App.3d 173

228 Ill.Dec. 291

RIVER FOREST STATE BANK AND TRUST COMPANY, an Illinois corporation, in its capacity as Trustee under Trust Agreement dated December 7, 1992, and known as Trust No. 3880, Plaintiff, v. ROSEMARY JOYCE ENTERPRISES INC., an Illinois corporation, Counter/Defendant-Appellee (Lyn-Jay Homes, Inc., an Illinois corporation, Counter/Defendant-Appellee; The Ashley B Corporation, an Illinois corporation, Counter/Plaintiff-Appellant; First National Bank of Chicago, Defendants).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied January 28, 1998.

Attorney(s) appearing for the Case

Matthew M. Klein, Hinsdale, for Counter/Plaintiff-Appellant.

Wolin & Rosen, Ltd., Chicago (Harold Rosen, of counsel), for Counter/Defendant-Appellee.

Justice HARTMAN delivered the opinion of the court:

Ashley B Corp. (Ashley) appeals from the circuit court's judgment favoring Lyn-Jay Homes, Inc. (Lyn-Jay), and Rosemary Joyce Enterprises (Rosemary), appellees. The litigation was initiated by River Forest State Bank and Trust Company (River Forest), which filed a declaratory action as trustee of a land trust holding title to a parcel of vacant land located in Westchester, Illinois. Ashley, Lyn-Jay, and Rosemary were...

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