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WEINER v. 222 EAST CHESTNUT STREET CORPORATION

No. 13457.

303 F.2d 630 (1962)

Aaron B. WEINER: LaSalle National Bank, not personally but as Trustee under Trust Agreement dated December 28, 1954, and known as Trust No. 17365; Leo S. Hirschfeld: Board of Appeals of the City of Chicago, B. Emmet Hartnett, C. Logan McEwen, Michael L. Igoe, Jr., Earl J. McMahon and Karl M. Vitzthum, individually and as members of the Board of Appeals of the City of Chicago; George L. Ramsey, individually and as Commissioner of Buildings of the City of Chicago; and City of Chicago, a municipal corporation of Cook County, Illinois, Plaintiffs-Appellees, v. 222 EAST CHESTNUT STREET CORPORATION, a corporation of Delaware, and Maryland Casualty Company, a corporation of Maryland, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 18, 1962.

Attorney(s) appearing for the Case

Samuel W. Block, Chicago, Ill., Robert L. Bombaugh, Chicago, Ill., for 222 East Chestnut Street Corporation and Maryland Casualty Company, defendants-appellants.

Thompson, Raymond, Mayer, Jenner & Bloomstein, Chicago, Ill., of counsel.

Robert Plotkin, Chicago, Ill., John C. Melaniphy, Corp. Counsel, Chicago, Ill., for appellee.

Abner J. Mikva, Fred R. Mardell, Chicago, Ill., for Aaron B. Weiner, and La Salle National Bank, plaintiffs-appellees.

Before DUFFY, SCHNACKENBERG and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

This action was instituted in the District Court to recover damages under the terms of a supersedeas bond executed by 222 East Chestnut Street Corporation1 as principal and Maryland Casualty Company as surety in an amount of $60,000.00. 222 and Maryland are defendants-appellants. The obligees on the bond included Aaron B. Weiner and LaSalle National Bank as Trustee under Trust

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