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ADVOCATE HEALTH AND HOSPITALS CORP. v. BANK ONE, N.A.

No. 1-03-1539.

810 N.E.2d 500 (2004)

348 Ill.App.3d 755

284 Ill.Dec. 710

ADVOCATE HEALTH AND HOSPITALS CORPORATION d/b/a Advocate Trinity Hospital, Plaintiff-Appellant, v. BANK ONE, N.A., and the First National Bank of Chicago, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied June 21, 2004.

Attorney(s) appearing for the Case

Anderson, Bennett & Partners, Chicago (William C. Anderson, III, Diane I. Jennings, Alicia B. Perrone, of counsel), for Plaintiff-Appellant.

Mary S. Binder, Chicago, for Defendants-Appellees.

Justice McBRIDE delivered the opinion of the court:

The issues on appeal are whether the imposter defense contained in section 3-404(a) of the Illinois version of the Uniform Commercial Code, Negotiable Instruments (810 ILCS 5/3-404(a) (West 2000)) ("UCC") may be properly asserted in a section 2-615 motion to dismiss a complaint for failure to state a claim (735 ILCS 5/2-615 (West 2000)) and whether the defense is factually applicable to the present dispute.

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