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CAIN v. AMERICAN NAT'L BK. & T. CO. OF CHICAGO

No. 59903.

26 Ill. App.3d 574 (1975)

325 N.E.2d 799

JOHN H. CAIN et al., Trustees, Plaintiffs-Appellants, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Trustee, et al., Defendants-Appellees.

Appellate Court of Illinois — First District (2nd Division).

February 11, 1975.

Attorney(s) appearing for the Case

Robert J. DiLeonardi, of Des Plaines, for appellants.

Friedman & Koven, of Chicago (Victor G. Savikas and James R. Levin, of counsel), for appellees B.P. Construction Co. and Ben Pekin.

Richard L. Curry, Corporation Counsel, of Chicago (Robert Retke, Assistant Corporation Counsel, of counsel), for appellee City of Chicago.

Reversed and remanded.

Mr. JUSTICE STAMOS delivered the opinion of the court:

In a three-count complaint filed September 11, 1973, plaintiffs, John H. Cain and James B. Cain, trustees of a certain trustee agreement, sought declaratory and injunctive relief against defendants, American National Bank and Trust Co. of Chicago, as trustee under a certain trust agreement; B.P. Construction Co.; Ben Pekin, Ruth Greenwood...

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