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AVERN TRUST v. CLARKE

No. 16957.

415 F.2d 1238 (1969)

AVERN TRUST, Virginia P. Dooley, James A. Dooley and James A. Dooley Foundation, a corporation, Plaintiffs-Appellants, v. John W. CLARKE and John W. Clarke & Co., a corporation, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied October 21, 1969.

As Modified November 24, 1969.

Attorney(s) appearing for the Case

William Robinson Fishman, Clare J. Murphy, Robert A. Sprecher, William A. Barnett, Chicago, Ill., for plaintiffs-appellants.

John H. Bishop, James J. Flynn, Chicago, Ill., for appellee, Bishop, Burdett, Ericson & Flynn, Chicago, Ill., of counsel.

Before KILEY, SWYGERT and KERNER, Circuit Judges.

Rehearing En Banc Denied October 21, 1969.

SWYGERT, Circuit Judge.

The plaintiffs in this action, James A. Dooley, his wife, Virginia, the Avern Trust, of which the Dooleys are the beneficiaries, and the James A. Dooley Foundation, a charitable corporation, seek damages for fraud and breach of a fiduciary relationship arising from a series of securities transactions during 1961-63 with the defendants, John W. Clarke & Co., a broker-dealer in securities...

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