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BYRNE v. TENNES

Gen. No. 50,633.

69 Ill. App.2d 231 (1966)

216 N.E.2d 256

Paul V. Byrne, Jr., Plaintiff-Appellant, v. Loretto Tennes, Jane Doe, Richard Roe, as Trustees of the Thomas Byrne Estate Liquidation Trust, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

April 14, 1966.

Attorney(s) appearing for the Case

Joseph Keig, Sr., of Chicago, for appellant.

Quinn, Jacobs & Barry, of Chicago (Alfred P. Bianucci and Francis E. Schlax, of counsel), for Loretto Tennes, as trustee, defendant-appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

In an action for an accounting by a beneficiary of the Thomas Byrne Estate Liquidation Trust (liquidation trust), the court granted the defendant-trustee's motion for summary judgment. Plaintiff contends that this was improper because the pleadings raised material issues of fact which remained unsettled.

The complaint alleged that the beneficiary's share of the liquidation trust was "at least $3,800...

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