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CHILDS v. NATIONAL BANK OF AUSTIN

No. 80-2703.

658 F.2d 487 (1981)

Doris Fuller CHILDS, Eleanor Fuller Parson, Natalie Stocking, Priscilla Parson and Katherine Marrs, beneficiaries of the Judson M. Fuller Trust, Plaintiffs-Appellants, v. NATIONAL BANK OF AUSTIN, an Illinois corporation and Trustee of the Judson M. Fuller Trust; Carey, Filter & White, a partnership; Robert F. Carey, an individual partner; Thomas F. Carey, an individual partner; Edward M. White, an individual partner; Edmund P. Boland, an individual partner; Anthony Carey, an individual partner; and Patrick S. Filter, an individual partner and Chairman of the Board of National Bank of Austin and the Harrington and King Perforating Company, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1981.

Rehearings and Rehearings Denied November 2, 1981.

Attorney(s) appearing for the Case

John H. Anderson, Chicago, Ill., for plaintiffs-appellants.

Arthur L. Klein, Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., for defendants-appellees.

Before SWYGERT, Senior Circuit Judge, SPRECHER, Circuit Judge, and LARSON, Senior District Judge.

Rehearings and Rehearings En Banc Denied November 2, 1981.

LARSON, Senior District Judge.

This appeal presents issues that evolve from a rather deeply intertwined control over both a testamentary trust and the corporation partially owned by the trust. A single individual serves as chairman of the board of the trustee bank and member of the bank's trust committee, chairman of the board of the corporation, and senior partner in the law firm that advises both...

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