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FRANK v. TEACHERS INS. & ANNUITY ASS'N

No. 61534.

47 Ill. App.3d 821 (1977)

365 N.E.2d 28

MINNIE FRANK, Plaintiff-Appellant, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 28, 1977.

Attorney(s) appearing for the Case

Arnold I. Shure and Gerald White, both of Chicago (Anthony Hume and Robert J. Peters, of counsel), for appellant.

Bernard E. Epton, Lawrence A. Berman, Morris I. Leibman, Newton N. Minow, Henry L. Mason, III, and Kirk B. Johnson, all of Chicago (Epton & Druth, Ltd., and Sidley & Austin, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE BUA delivered the opinion of the court:

This is an interlocutory appeal under Supreme Court Rule 308 (Ill. Rev. Stat. 1973, ch. 110A, par. 308) raising the question of whether, in a suit brought on behalf of some 400,000 annuitants holding contracts with the defendant insurance companies, seeking reformation of those contracts so as to provide for a cash surrender value, due process requires that the named plaintiff notify...

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