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O'BRIEN v. CONT. ILL. NAT. BANK & TR. CO. OF CHICAGO

Nos. 72-C-2251, 73-C-46, 73-C-660, 74-C-2899, 73-C-772, 73-C-3132 and 73-C-1755.

431 F.Supp. 292 (1977)

Harold G. O'BRIEN et al. v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a National Banking Association. CHICAGO HOTEL EMPLOYEES PENSION TRUST FUND v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a National Banking Association, and Continental Illinois Investment Trust for Employee Benefit Plans, an Illinois Trust. Benjamin LIPSON et al. v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a National Banking Association. Edward F. BRABEC et al. v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a National Banking Association. J. J. O'DONNELL, as President of and for and on behalf of the members of the Air Line Pilots Association, International, an unincorporated association, et al. v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a National Banking Association. Patrick E. GORMAN et al. v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a National Banking Association. KENCO, INC., an Illinois Corporation, et al. v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a National Banking Association.

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

April 25, 1977.

Attorney(s) appearing for the Case

Mayer, Brown & Platt, Chicago, Ill., for defendants.

James S. Gordon, A. Bradley Eben, Jerry Kronenberg, Borovsky, Smetana, Ehrlich & Kronenberg, Chicago, Ill., for plaintiffs in No. 72-C-2251.

James S. Gordon, Chicago, Ill., for plaintiffs in Nos. 73-C-46 and 73-C-660.

James S. Gordon, A. Bradley Eben, Herbert L. Borovsky, Borovsky, Smetana, Ehrlich & Kronenberg, Sherman M. Carmell, Sheldon M. Charone, Chicago, Ill., for plaintiffs in No. 74-C-2899.

Cotton, Watt, Jones, King & Bowlus, Chicago, Ill., for plaintiffs in Nos. 73-C-772 and 73-C-3132.

Pope, Ballard, Shepard & Fowle, Chicago, Ill., for plaintiffs in No. 73-C-1755.

MEMORANDUM OPINION

FLAUM, District Judge:

Before the court is defendant's motion to reconsider Judge McGarr's May 10, 1974 order denying defendant's motion to dismiss plaintiffs' complaints in causes 72 C 2551, 73 C 46, 73 C 660, 73 C 772, and 73 C 3132. Defendant has also moved to dismiss in cases 74 C 2899 and 73 C 1755, which have been consolidated with the aforementioned actions.

The relevant facts are as follows: In all seven cases,

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