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COLCHESTER STATE BANK v. McINTYRE

No. 3-90-0902.

577 N.E.2d 897 (1991)

217 Ill. App.3d 568

160 Ill.Dec. 572

COLCHESTER STATE BANK, an Illinois Banking Corporation, Plaintiff-Appellee, v. Gerald R. McINTYRE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

August 23, 1991.

Attorney(s) appearing for the Case

Stephen R. Frank, argued, Johnson, Frank, Frederick & Walsh, Urbana, for Gerald R. McIntyre.

John D. McMillan, argued, March & McMillan, Macomb, for Colchester State Bank.

Justice HAASE delivered the Opinion of the Court.

The plaintiff, Colchester State Bank, brought this action against the defendant, Gerald R. McIntyre, to recover damages incurred by the Bank as a result of the defendant allegedly making loans greater than the legal lending limit allowed by section 32 of the Illinois Banking Act (Ill.Rev. Stat.1981, ch. 17, par. 339). The trial court granted the plaintiff's motion for summary judgment. The defendant appeals.

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