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UNITED MILK PROD. CO. v. MICHIGAN AVE. NAT. BANK OF CHICAGO

No. 16607.

401 F.2d 14 (1968)

UNITED MILK PRODUCTS COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. MICHIGAN AVENUE NATIONAL BANK OF CHICAGO, a National Banking Association, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied October 9, 1968.

Attorney(s) appearing for the Case

Harold S. Lansing, Bernard M. Kaplan, Nicholas Manos, Donald Manion, Chicago, Ill., for appellant.

Samuel W. Block, John G. Stifler, George G. Kelly, John J. Kelly, Chicago, Ill., Raymond, Mayer, Jenner & Block, Chicago, Ill. of counsel, for appellee.

Before DUFFY, Senior Circuit Judge, SCHNACKENBERG and CUMMINGS, Circuit Judges.

DUFFY, Senior Circuit Judge.

Authority to bring the instant suit was granted by the United States District Court for the Northern District of Illinois, in connection with a certain Plan of Arrangement under Chapter XI of the Bankruptcy Act.

When defendant filed its answer to the complaint, it also filed a motion to strike certain allegations in the complaint on the ground that they were "immaterial to the issues therein." There was no challenge in the motion...

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