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CANEL v. TOPINKA

No. 96755.

818 N.E.2d 311 (2004)

212 Ill.2d 311

288 Ill.Dec. 623

James H. CANEL, Appellee, v. Judy Baar TOPINKA et al., Appellants.

Supreme Court of Illinois.

October 7, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, Brett E. Legner, Assistant Attorney General, Chicago, of counsel), for appellants.

Arthur T. Susman, Charles R. Watkins, John R. Wylie, of Susman & Watkins, William J. Harte, all of Chicago, for appellee.

Justice FREEMAN delivered the opinion of the court:

In this appeal, defendants argue that, pursuant to section 15 of the Uniform Disposition of Unclaimed Property Act (765 ILCS 1025/15 (West 1998)), the state is entitled to retain dividends issued on shares of stock which were presumed abandoned and delivered to the state. Plaintiff argues the dividends are private property which must be returned to the property owner along...

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