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KRONEMEYER v. U.S. BANK NAT. ASS'N

No. 5-05-0374.

857 N.E.2d 686 (2006)

Kenneth KRONEMEYER and Darryl L. Johnson, Individually and as the Representatives of a Class of Similarly Situated Persons, Plaintiffs-Appellees, v. U.S. BANK NATIONAL ASSOCIATION, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied August 3, 2006.

Attorney(s) appearing for the Case

Alphonse J. Pranaitis, Hoagland, Fitzgerald, Smith & Pranaitis, Alton; Mark S. Mester, Kenneth G. Schuler, B. John Casey, Latham & Watkins, LLP, Chicago, for Appellant.

Paul M. Weiss, Tod A. Lewis, Freed & Weiss, LLC, Chicago; Bradley M. Lakin, Gail G. Renshaw, Gary E. Peel, Paul A. Marks, The Lakin Law Firm, P.C., Wood River, for Appellees.

J. Eric Rich, Office of the Comptroller of the Currency, Washington, DC, no brief filed, for Amicus Curiae.

Presiding Justice SPOMER delivered the opinion of the court:

We granted the petition of the defendant for leave to appeal the denial of its motion to dismiss count I of the plaintiffs' third amended complaint, based on the following questions certified by the circuit court of Madison County pursuant to Illinois Supreme Court Rule 308 (155 Ill.2d R. 308):(1) whether the plaintiffs' claims are preempted under the National Bank Act (12 U.S.C. § 93a (2000)) and the...

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