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PERLIS v. EXCHANGE NAT. BANK OF CHICAGO

Gen. No. 51,735.

87 Ill. App.2d 369 (1967)

231 N.E.2d 681

Jack Perlis, Plaintiff-Appellee, v. Exchange National Bank of Chicago, as Trustee Under Trust No. 5352, Rose Zittenfield, et al., Defendants. On Appeal of Rose Zittenfield, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

Rehearing denied November 6, 1967.

Attorney(s) appearing for the Case

Nathan Shefner, of Chicago, for appellant.

Rudnick & Wolfe, of Chicago (Perry J. Snyderman and Lester D. Foreman, of counsel), for appellee.

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

Defendant Rose Zittenfield appeals from the denial of her motion for the payment to her by plaintiff of reasonable attorney's fees, pursuant to section 41 of the Civil Practice Act.

The court dismissed plaintiff's action for specific performance, after striking plaintiff's complaint and an amended complaint. It is defendant's theory that plaintiff...

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