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CONTINENTAL ILL. N. B. & T. CO. OF CHICAGO v. PHELPS

No. 73 C 2215.

392 F.Supp. 313 (1975)

CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee Under a Trust Agreement dated December 26, 1916, between Charles G. Comstock and the Merchants' Loan and Trust Company, known as Trust No. 641, et al., plaintiffs, v. Helen C. PHELPS et al., Defendants.

United States District Court, N. D. Illinois, E. D.

March 31, 1975.

Attorney(s) appearing for the Case

Harry Adelman, Michael P. Myers, Chicago, Ill., for plaintiff.

Robert Leslie Craig, Jr. & Sister Tracy Knight Craig (Phelps, Rutter, Eckis, Frederick, Phelps, Rutter, Schmitt), Thomas E. Swaney & Frank L. Bixby, Sidley & Austin, Chicago, Ill., for defendants.

James P. Chapman, Chicago, Ill., Trustee for unborn descendants of Charles Gilbert Comstock, Jr. and Jackson Dana Comstock.

Hopkins, Sutter, Owen, Mulroy & Davis, Chicago, Ill., for Tracy Knight Craig.

MEMORANDUM OF DECISION

JULIUS J. HOFFMAN, Senior District Judge.

The plaintiff, Continental Illinois National Bank and Trust Company of Chicago, has brought an action for construction and interpretation of two individual trust agreements. Certain named defendants have moved this court, pursuant to Rule 56 of the Federal Rules of Civil Procedure, to enter a summary judgment, asserting that there is no genuine issue as to any material fact. In addition, defendant...

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