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CHICAGO FED. SAVINGS & LOAN ASS'N v. CACCIATORE

Gen. No. 48,238.

33 Ill. App.2d 131 (1961)

178 N.E.2d 888

Chicago Federal Savings and Loan Association, Plaintiff-Appellee, v. Frank S. Cacciatore, et al., Defendants-Appellees, and United States of America, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

December 19, 1961.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Assistant Attorney General, and Lee A. Jackson, A.F. Prescott, and Lloyd J. Keno, Attorneys, Department of Justice, Washington, D.C. (James P. O'Brien, United States Attorney, and Alice M. McClanahan, Assistant United States Attorney), for appellant.

William H. Avery, Walter J. Cummings, Jr., and William H. Thigpen, for David J. Peilet and Chicago Title & Trust Co., Trustee, defendants-appellees (Sidley, Austin, Burgess & Smith, of counsel).

MR. JUSTICE ENGLISH delivered the opinion of the court.

This case is here on appeal of the United States from a decree of foreclosure and sale in which the government contends that its tax lien was not given adequate priority.

The facts are undisputed and will be set forth in chronological order.

By trust agreement in 1944, a land trust was created with Mutual National Bank of Chicago as trustee and...

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