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SEARS v. FIRST FED. SAV. AND LOAN ASSOC.

No. 55229.

1 Ill. App.3d 621 (1971)

275 N.E.2d 300

DONNA JEAN SEARS, et al., Plaintiff-Appellant, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois — First District.

September 21, 1971.

Attorney(s) appearing for the Case

Edward Atlas and Harold A. Harris, of Chicago, for appellant.

Sidley & Austin, of Chicago, (John M. Clark, William H. Avery, Howard Neitzert and George A. Platz, of counsel,) for appellee.

Order affirmed.

Mr. JUSTICE GOLDBERG delivered the opinion of the court:

Plaintiff filed an amended complaint in chancery individually and on behalf of all mortgage borrowers from First Federal Savings and Loan Association of Chicago (defendant). Plaintiff sought an accounting in behalf of the class on the theory that certain money paid to defendant constituted a trust, the earnings of which should inure to the...

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