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SAX v. SAX

No. 62548.

48 Ill. App.3d 431 (1977)

363 N.E.2d 16

JEROME M. SAX, Plaintiff-Appellant, v. SAMUEL W. SAX et al., Ex'rs of the Last Will and Testament of George D. Sax, Deceased, et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied May 19, 1977.

Attorney(s) appearing for the Case

Russell J. Topper, of Chicago, for appellant.

Ralph A. Mantynband, Selwyn Zun, Robert W. Gettleman, and Mark R. Van Ausdal, all of Chicago (Arvey, Hodes, Costello & Burman, and D'Ancona, Pflaum, Wyatt & Riskind, of counsel), for appellees.

Judgment affirmed as modified.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The trial court dismissed a stockholder's suit brought by the plaintiff on behalf of the corporate defendant against the individual defendants on the grounds that plaintiff was guilty of "unclean hands." We find that while the plaintiff technically had a right to prosecute this action, the trial court under the unique circumstances...

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