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VILLAGE OF WHEELING v. STAVROS

No. 79-1522.

89 Ill. App.3d 450 (1980)

411 N.E.2d 1067

THE VILLAGE OF WHEELING, Plaintiff-Appellant, v. JAMES STAVROS, Defendant-Appellee. — (WILLIAM BIEBER et al., Defendants.)

Appellate Court of Illinois — First District (3rd Division).

Opinion filed September 30, 1980.

Attorney(s) appearing for the Case

John M. Burke, of Burke & Burke, of Chicago, for appellant.

Foran, Wiss & Schultz, of Chicago (Richard A. Devine and Lori Stone, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Plaintiff, Village of Wheeling, a municipal corporation, commenced this action in the circuit court of Cook County for an accounting, the imposition of a constructive trust, and other equitable relief against the defendants, including James Stavros. Pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 45), Stavros moved to

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