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KUROWSKI v. BURCH

No. 71-214.

8 Ill. App.3d 716 (1972)

290 N.E.2d 401

STANISLAUS J. KUROWSKI et al., Individually and on Behalf of the Former Parishioners of St. Adalbert's Roman Catholic Church of East St. Louis, and Their Heirs and Descendants, Plaintiffs-Appellants, v. THOMAS GEORGE BURCH et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Rehearing denied December 19, 1972.

Attorney(s) appearing for the Case

Robert F. Kaucher, of Meyer & Meyer, and William D. Stiehl, both of Belleville, for appellants.

Walker & Williams, and Kassly, Weihl & Bone, both of Belleville, (Martin W. Imber and Donald E. Weihl, of counsel,) for appellees Thomas George Burch, Tommy Lee Burch, Isidore L. Elfrink, and Rosalia G. Elfrink.

Judgment affirmed.

Mr. JUSTICE JONES delivered the opinion of the court:

Plaintiffs appeal the dismissal of their second amended complaint which sought an order of the trial court declaring the purchasers of a portion of a tract of land, allegedly limited to use for cemetery purposes, to be trustees under a resulting trust for the benefit of plaintiffs as beneficiaries.

The case is considered here upon the pleadings. The named plaintiffs sue individually...

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