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SYMANSKI v. FIRST NAT. BANK OF DANVILLE

No. 4-92-0653.

609 N.E.2d 989 (1993)

242 Ill. App.3d 391

182 Ill.Dec. 455

Hedwig SYMANSKI, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF DANVILLE, in its capacity as a National Banking Association, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided March 4, 1993.

Attorney(s) appearing for the Case

Michael C. Upperman (argued), Gunn & Hickman, P.C., Danville, for plaintiff-appellant.

F. Daniel Welsch, Charles C. Hall (argued), Welsch & Hall, Danville, for defendant-appellee.

Justice McCULLOUGH delivered the opinion of the court:

Plaintiff, Hedwig Symanski, appeals the trial court's order granting defendant First National Bank of Danville's motion for summary judgment and denying her cross-motion for summary judgment. The trial court held defendant had both a contractual and a statutory right to set off funds held by plaintiff and her three sons, Paul, Henry and Michael, in several certificates of deposit (CDs) to partially satisfy the...

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