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SANTARELLI v. KATZ

Nos. 12488, 12489.

270 F.2d 762 (1959)

Marilyn D. Katz SANTARELLI, Plaintiff-Appellant, and Cross-Appellee, v. Louis KATZ, Florence Katz, et al., etc., Defendants-Appellees, and Cross-Appellants. Marilyn D. Katz SANTARELLI, Plaintiff-Appellant and Plaintiff-Appellee, v. CITY NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Executor of the Estate of Louis Katz, deceased, Florence Katz, et al., etc., Defendants-Appellees and Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied October 16, 1959.

On Further Petitions for Rehearing October 22, 1959.

Attorney(s) appearing for the Case

Russell J. Topper, Edward Hershenson, Nathan Kessler, Chicago, Ill., for Marilyn D. Katz Santarelli, appellant.

Virgil C. Lutrell, W. Russell Arrington, Chicago, Ill., appellees and cross-appellants.

Albert E. Jenner, Jr., Chicago, Ill., for City Nat. Bank & Trust Co. of Chicago.

Before DUFFY, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.

DUFFY, Chief Judge.

Marilyn D. Katz Santarelli (Marilyn) brought a trust beneficiary's stockholders' derivative suit against officers and directors of Elkay Manufacturing Company (Elkay), an Illinois corporation, for alleged misappropriations of corporate assets and diversion of corporate opportunities. In addition, plaintiff asks that defendant Louis Katz be held liable to her for breach of the terms of an inter vivos trust created by her grandfather, Leopold Katz...

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