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BANK ONE, N.A. v. BORSE

No. 2-03-0361.

812 N.E.2d 1021 (2004)

351 Ill.App.3d 482

286 Ill.Dec. 6

BANK ONE, N.A., as Trustee of the Anton G. Borse Amended and Restated Declaration of Trust, Plaintiff and Counterdefendant-Appellee, v. Gary BORSE, Gail Roach, Mary Borse, Mark Borse, Laurie Borse, Nancy Beth, and Bette Borse, Defendants (Susan Clontz, Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois, Second District.

July 8, 2004.

Attorney(s) appearing for the Case

Stephen D. Helm, Jacqueline J. Gust, David W. Krula, James M. Wagner, Damon M. Fisch, Steve Helm & Associates, Naperville, for Susan Clontz.

Barry S. Alberts, Francis P. Morrissey, Schiff, Hardin & Waite, Chicago, for Bank One, N.A.

Justice HUTCHINSON delivered the opinion of the court:

Following a bench trial, the trial court entered judgment in favor of plaintiff, Bank One, N.A. (Bank One), on defendant Susan Clontz's counterclaim alleging breach of fiduciary duty. In her counterclaim, Clontz alleged that Bank One breached its fiduciary duty as the trustee of the Anton G. Borse Amended and Restated Declaration of Trust (the trust). Clontz alleged that Bank One failed to properly manage the...

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