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O'MALLEY v. BANK OF MONTREAL

Gen. No. 45,845.

349 Ill. App. 224 (1953)

110 N.E.2d 473

Edward A. O'Malley, Appellant, v. Bank of Montreal, Appellee.

Appellate Court of Illinois.

Released for publication February 20, 1953.

Attorney(s) appearing for the Case

HIRSCH E. SOBLE, of Chicago, for appellant.

WINSTON, STRAWN, BLACK & TOWNER, of Chicago, for appellee; JOHN C. SLADE, HAROLD A. SMITH, EDWARD J. WENDROW, and CALVIN P. SAWYIER, all of Chicago, of counsel.

MR. JUSTICE NIEMEYER delivered the opinion of the court.

Plaintiff appeals from an order dismissing for want of equity because of the insufficiency of the complaint, plaintiff's suit on behalf of himself and all others similarly situated to have the operation and maintenance of defendant's branch bank in Chicago, Illinois adjudged unlawful, a constructive trust impressed upon all the deposits received by the bank which have not been repaid and the property and profits...

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