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GREENE v. GUST

Gen. No. 47,902.

26 Ill. App.2d 2 (1960)

167 N.E.2d 438

Sara L. Greene, Edward D. Greene, and Sara L. Greene, Executor of the Estate of Harold M. Greene, Deceased, Plaintiffs-Appellants, v. Elmer Gust, Christie Gust, and Greene and Gust Company, an Illinois Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, Second Division.

May 3, 1960.

Attorney(s) appearing for the Case

Fischel, Kahn, Heart and Weinberg, of Chicago (Jay L. Olschan and Gerald A. Gitles, of counsel) for appellants.

Kirkland, Ellis, Hodson, Chaffetz, and Masters, of Chicago (Wayne F. Swonk and William R. Theiss, of counsel) for defendants-appellees Elmer Gust and Greene and Gust Company, an Illinois Corporation.

MR. PRESIDING JUSTICE MURPHY delivered the opinion of the court.

In Count I of a two count complaint, plaintiffs seek a declaration of their rights under a corporate life insurance stock transfer plan. The court sustained defendants' motion to strike the count, and dismissed the declaratory judgment action. The trial judge found there was no just reason for delay, and plaintiffs have appealed.

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