CITIZEN'S BANK v. AMERICAN NAT. BANK AND TRUST

No. 1-00-3986.

761 N.E.2d 275 (2001)

326 Ill. App.3d 822

260 Ill.Dec. 431

CITIZEN'S BANK-ILLINOIS, N.A., Plaintiff and Counterdefendant-Appellee, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Judith Warren, Thomas A. Warren, Charanjeet Illinois Stations No. 6, Inc., Darshan Dhaliwal, Bulk Petroleum Corporation, and Unknown Owners and Non-Record Claimants, Defendants (Charanjeet Illinois Stations No. 6 and Darshan Dhaliwal, Counterplaintiffs-Appellants).

Appellate Court of Illinois, First District, Fifth Division.

November 30, 2001.


Attorney(s) appearing for the Case

Alan I. Greene, Edward J. Halper, Lee F. Farbman, Michael Best & Friedrich, LLC, Chicago, for Plaintiff and Counterdefendant-Appellee.

Mark E. Sostarich, Petrie & Stocking, P.C., Milwaukee, WI, Mark L. Durbin, Wildman, Harrold, Allen & Dixon, Chicago, for Charanjeet Illinois Stations No. 6, Inc. and Darshan Dhaliwal.


Justice GREIMAN delivered the opinion of the court:

This appeal presents the question of whether the appellants adequately pled causes of action for breach of contract, an accounting, breach of obligations owed to third-party beneficiaries, and breach of fiduciary duties. The trial court granted a motion to dismiss all four counts of the counterclaim pursuant to section 2-615 of the Illinois Code of Civil Procedure (735...

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