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MILLER v. HELLER

Gen. No. 50,712.

106 Ill. App.2d 383 (1967)

246 N.E.2d 150

Mitchell Miller, et al., on Behalf of Clearview Manor, Inc., an Illinois Corporation, Plaintiffs-Appellants, v. Seymour Heller, et al., Defendants. Castle Terrace, Inc., an Illinois Corporation, Nathan Browdy, et al., Defendants-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

Rehearing denied and opinion modified February 26, 1969.

Attorney(s) appearing for the Case

David Chaimovitz, of Chicago, for appellants.

Hoffman & Davis, and Robert A. Sprecher and Edward W. Barrett, of Chicago, for appellees.

MR. JUSTICE McCORMICK delivered the opinion of the court.

On August 18, 1961, plaintiffs, Mitchell Miller, Leon Lieberman, Nathan Kosoy, Burton S. Rose and Sy Sussman, on behalf of Clearview Manor, Inc., filed a complaint in chancery for an accounting and to declare in effect a constructive trust with reference to an interest in certain property. The complaint was in two counts.1 On March

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