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EXCHANGE NATIONAL BANK OF CHICAGO v. CODE

Gen. No. 47,686.

23 Ill. App.2d 382 (1959)

163 N.E.2d 554

Exchange National Bank of Chicago, a National Banking Association, as Trustee Under Trust Agreement Dated February 28, 1950, and known as Trust No. 1475, Plaintiff-Appellant, v. Margaret E. Code and La Salle National Bank as Trustee Under Trust Agreement Dated July 13, 1956, and known as Trust No. 19368, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied January 28, 1960.

Released for publication January 29, 1960.

Attorney(s) appearing for the Case

Morris S. Bromberg, of Chicago (L. Louis Karton, of counsel) for plaintiff-appellant.

Perlman, Hecht, and Chesler, of Chicago (Bernard T. Hecht and Robert A. Simon, of counsel) for defendants-appellees.

PRESIDING JUSTICE BRYANT delivered the opinion of the court.

This is an appeal by the plaintiff from an adverse ruling in an action brought for a declaratory judgment that defendants owed a duty to protect plaintiff's property from any damage which might result from excavations made on defendant's property and for an injunction to restrain defendants from excavating until assurances of such protection were given. The complaint was filed August 28, 1956, alleging that...

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