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HERITAGE PULLMAN BANK & TRUST CO. v. CARR

No. 1-95-2776.

670 N.E.2d 814 (1996)

283 Ill. App.3d 472

219 Ill.Dec. 136

HERITAGE PULLMAN BANK & TRUST COMPANY, an Illinois corporation, not individually but as T/U/T/N 5096, dated October 3, 1957, Plaintiff-Appellee, v. Evelyn Rafacz CARR, and Melanie Dendor, as Executor of the Estate of Walter Rafacz, Deceased, Defendants-Appellants (Norman J. Barry, as Executor under Last Will & Testament of Edward A. Rafacz, and Norman J. Barry, as Executor under Last Will & Testament of Henry Rafacz, Defendants/Cross-Plaintiffs-Appellees).

Appellate Court of Illinois, First District, Second Division.

September 17, 1996.

Attorney(s) appearing for the Case

Carr & O'Rourke Associates, Chicago (Glenn J. Jazwiec and Donald A. Carr, of counsel), for Appellant.

Rothschild, Barry & Myers, Chicago (Jonathan E. Rothschild and Kevin J. Moore, of counsel); and Winston & Strawn, Chicago (Calvin P. Sawyier, of counsel), for Appellees.

Presiding Justice HARTMAN delivered the opinion of the court:

This is the second appeal involving these parties. See Heritage Pullman Bank & Trust Co. v. Carr, 254 Ill.App.3d 676, 194 Ill.Dec. 44, 627 N.E.2d 160 (1993) (Carr). Relevant to the present appeal, in Carr, we affirmed the circuit court's (1) award of fees and costs to...

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