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Canel v. Topinka

Case Date: 06/30/2003
Court: 1st District Appellate
Docket No: 1-01-2069 Rel

THIRD DIVISION
Date Filed:6/30/03



No. 1-01-2069

 

JAMES H. CANEL, individually and on ) Appeal from the
behalf of a class of all others ) Circuit Court of
similarly situated, ) Cook County.
)
                      Plaintiff-Appellant,  ) No. 00 CH 13279
)
                      v. )
)
JUDY BARR TOPINKA, Treasurer of the ) Honorable
State of Illinois, and MITCHELL ) Stephen Schiller
MURDOCK, Director, Unclaimed ) Judge Presiding.
Property Division, Office of the )
Treasurer of the State of Illinois, )
)
                      Defendants-Appellees. )



JUSTICE HALL delivered the opinion of the court:

The plaintiff, James H. Canel, appeals from an order of thecircuit court of Cook County granting the motion of thedefendants, Judy Barr Topinka, Treasurer of the State ofIllinois, and Mitchell Murdock, Director of the UnclaimedProperty Division of the office of the Treasurer of the State ofIllinois, to dismiss his class action complaint.

On September 11, 2000, the plaintiff filed a class actionlawsuit against the defendants on behalf of himself and allothers similarly situated.

The complaint alleged that section 15 of the UniformDisposition of Unclaimed Property Act (the Act) (765 ILCS 1025/15(West 2000) violated section 15 of the Illinois Constitution of1970 (Ill. Const. 1970, art. I,