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McKAY v. KUSPER

Nos. 1-91-0797, 1-91-3062.

624 N.E.2d 1140 (1993)

252 Ill. App.3d 450

191 Ill.Dec. 762

Bernard McKAY, Theodore Chabraja, Alberta Hayes, and Robert E. Ryan, taxpayers for themselves and all others similarly situated, in the Name of and for the benefit of the County of Cook, Plaintiffs-Appellants, v. Stanley T. KUSPER, Jr., Clerk of Cook County; Amalgamated Trust and Savings Bank, and other similarly situated depositories of public monies; and David Orr, Clerk of Cook County, Defendants-Appellees (the County, of Cook, Illinois, by the Board of Commissioners of Cook County, Illinois, Nominal Defendant-Appellee).

Appellate Court of Illinois, First District, First Division.

March 29, 1993.

Attorney(s) appearing for the Case

Fumagalli & Tecson, Ltd., (Daniel J. Fumagalli, of counsel), Krislov & Associates, Ltd., (Clinton A. Krislov and Jonathan Nachsin, of counsel), William A. Barnett, Chicago, for plaintiffs-appellants.

Mayer, Brown & Piatt, Chicago (Tyrone C. Fahner, Herbert L. Zarov and Anne K. Lewis, of counsel), for Amalgamated Trust and Sav. Bank.

Winston & Strawn, Chicago (Paul P. Biebel, Jr., Sp. State's Atty. and David E. Koropp, of counsel), for Stanley T. Kusper, Jr.

Jack O'Malley, State's Atty. of Cook County (Karen A. Covy, Deputy State's Atty., Chief, Civ. Actions Bureau, Daniel E. Cannon and Mary T. Nicolau, Asst. State's Attys., of counsel), for David D. Orr and County of Cook,

Justice CAMPBELL delivered the opinion of the court:

This is a consolidated appeal. Plaintiffs, taxpayers, appeal from the February 5, 1991, order of the trial court dismissing counts III, IV and V of their second amended complaint against defendant Amalgamated Trust and Savings Bank (Bank), and from the March 19, 1991, order of the trial court dismissing counts I and II against defendants Stanley Kusper (Kusper), former Clerk of Cook County (County Clerk), and David...

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