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DIAZ v. HOME FEDERAL SAV. & LOAN

No. 2-01-1165.

786 N.E.2d 1033 (2002)

337 Ill. App.3d 722

272 Ill.Dec. 199

Luis DIAZ, Virginia Diaz, and Manuel Diaz, Plaintiffs-Appellees, v. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF ELGIN, Defendant-Appellant (Union Pacific Railroad Co. and Unknown Owners, Defendants).

Appellate Court of Illinois, Second District.

Rehearing Denied February 20, 2003.

Attorney(s) appearing for the Case

Lawrence D. Wechter, Law Office of Larry Wechter, Geneva, for Home Federal Savings & Loan Assoc., of Elgin.

Patrick J. Keane, Ted A. Meyers, Foote, Meyers, Mielke & Flowers, LLC, Geneva, for Luis Diaz, Manuel Diaz, Virginia Diaz.

Thomas W. Cushing, General Counsel-Union Pacific Railroad Co., Chicago, for Union Pacific Railroad Co.

Justice GROMETER delivered the opinion of the court:

The circuit court of Kane County entered summary judgment quieting title in a parcel of real estate in favor of plaintiffs, Luis Diaz, Virginia Diaz, and Manuel Diaz. Defendant Home Federal Savings and Loan Association of Elgin (the bank) now appeals. The bank maintains that plaintiffs failed to show that they possessed an interest in the property in question, that the bank in fact held title to the parcel, and...

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