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NAT. BANK OF AUSTIN v. FIRST WIS. NAT. BANK, ETC.

No. 75-404.

368 N.E.2d 119 (1977)

53 Ill. App.3d 482

10 Ill.Dec. 633

NATIONAL BANK OF AUSTIN, as Trustee under Trust No. 5010, BKT Enterprises, a partnership, James A. Taggart, Sally Taggart, and Fred Brodie, Plaintiffs, Counter-Defendants, Third Party Defendants, and Appellants, v. FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE, a national bank, Defendant, Counter-Plaintiff, Third Party Plaintiff, and Appellee.

Appellate Court of Illinois, Second District.

September 28, 1977.

Attorney(s) appearing for the Case

Joseph B. Cleary, Deerfield, for plaintiff and appellant.

McDermott, Will & Emery, Stephen C. Sandels, John T. Schriver, Kimberly Laidlaw, Chicago, for defendant and appellee.

SEIDENFELD, Justice.

The plaintiffs, counter-defendants, are the trustee of a land trust holding legal title to the property in question (National Bank of Austin, as Trustee under Trust No. 5010, hereinafter Austin Trust); the Builders and Developers of Eastwood Manor Unit No. 4 (BKT Enterprises, a partnership composed of Fred Brodie and James A. Taggart, hereinafter the Partnership); the partners individually as sole beneficiaries of the Austin Trust; and Sally Taggart...

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