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CANEL v. TOPINKA

No. 1-01-2069.

793 N.E.2d 845 (2003)

342 Ill. App.3d 65

276 Ill.Dec. 86

James H. CANEL, individually and on behalf of a class of all others similarly situated, Plaintiff-Appellant, v. Judy Barr TOPINKA, Treasurer of the State of Illinois, and Mitchell Property Division, Office of the Treasurer of the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

June 30, 2003.

Attorney(s) appearing for the Case

Arthur T. Susman, Charles R. Watkins, and John R. Wylie of Suman & Watkins; William J. Harte, William J. Harte Ltd., Chicago, for Appellant.

James E. Ryan & Brett E. Legener, of the Attorney General's Office with Joel D. Bertocchi, Solicitor General, Chicago, for Appellee.

Justice HALL delivered the opinion of the court:

The plaintiff, James H. Canel, appeals from an order of the circuit court of Cook County granting the motion of the defendants, Judy Barr Topinka, Treasurer of the State of Illinois, and Mitchell Murdock, Director of the Unclaimed Property Division of the office of the Treasurer of the State of Illinois, to dismiss his class action complaint.

On September 11, 2000, the plaintiff filed a class action lawsuit...

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