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BARRETT v. CONTINENTAL ILL. NAT. BANK & TRUST CO.

Gen. No. 46,166.

2 Ill. App.2d 70 (1954)

118 N.E.2d 631

Robert E. Barrett, Director of Insurance of State of Illinois, as Liquidator of United States Mutual Insurance Company, Appellant, v. Continental Illinois National Bank and Trust Company of Chicago, Appellee.

Appellate Court of Illinois.

Released for publication April 22, 1954.

Attorney(s) appearing for the Case

ETTELSON & O'HAGAN, of Chicago, for appellant; LEONARD B. ETTELSON, and ROBERT E. SAMUELS, both of Chicago, of counsel.

MAYER, MEYER, AUSTRIAN & PLATT, of Chicago, for appellee; FRANK D. MAYER, LOUIS A. KOHN, and DWIGHT W. FAWCETT, all of Chicago, of counsel.

MR. JUSTICE KILEY delivered the opinion of the court.

This action was begun as an accounting suit by the United States Mutual Insurance Company against two of its officers. Subsequently the Director of Insurance of the State of Illinois was appointed liquidator of the Insurance Company, was substituted as plaintiff and filed an amended complaint of three counts. Only the amended count I of the amended complaint is material...

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