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LABARBERA v. LABARBERA

No. 82-1093.

116 Ill. App.3d 959 (1983)

452 N.E.2d 684

ANTHONY LABARBERA, JR., Plaintiff-Appellant, v. ROSE LABARBERA, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied August 30, 1983.

Attorney(s) appearing for the Case

J. Robert Geiman, Ellen J. Kerschner, and Daina B. Van Dervort, all of Peterson, Ross, Schloerb & Seidel, of Chicago, for appellant.

Sydney R. Marovitz, of Marovitz, Powell, Pizer & Edelstein, and John L. Leonard, of Bergstrom, Davis & Teeple, both of Chicago, for appellee.

Affirmed in part, and reversed and remanded in part.

PRESIDING JUSTICE DOWNING delivered the opinion of the court:

Plaintiff, Anthony LaBarbera, Jr., brought this action against his brother Joseph's widow, defendant, Rose LaBarbera, seeking a declaration of a constructive trust over funds which belonged to their parents and were allegedly misappropriated by Joseph.1 Plaintiff appeals the circuit court of Cook County's refusal to...

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