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NORTHERN TRUST CO. v. ESSANESS THEATRES CORP.

Gen. No. 45,680.

348 Ill. App. 134 (1952)

108 N.E.2d 493

The Northern Trust Company, Kathryn P. Le Roy and Morris Glasser, as Executors of and Trustees Under Will of Sidney M. Spiegel, Jr., Deceased, Appellants, v. Essaness Theatres Corporation, and Edwin Silverman, Appellees.

Appellate Court of Illinois.

Rehearing denied November 18, 1952.

Released for publication November 18, 1952.

Attorney(s) appearing for the Case

BELL, BOYD, MARSHALL & LLOYD, of Chicago, for appellants; CHARLES E. HERZOG, of Chicago, of counsel.

EDWARD BLACKMAN, and MICHAEL CONANT, of Chicago, for appellees; ODE L. RANKIN, of Chicago, of counsel.

MR. JUSTICE TUOHY delivered the opinion of the court.

Plaintiffs, executors and trustees under the will of Sidney M. Spiegel, Jr., filed their bill below charging constructive fraud in the purchase by defendant corporation from plaintiffs of 290 plus shares of stock in defendant corporation and seeking to recover the difference between the fair cash value of the stocks so sold and the purchase price. Defendants filed...

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