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BECOVIC v. HARRIS TRUST & SAVINGS BANK

No. 83-2274.

128 Ill. App.3d 107 (1984)

469 N.E.2d 1379

HUSEIN BECOVIC et al., Plaintiffs and Counterdefendants-Appellants, v. HARRIS TRUST & SAVINGS BANK, Trustee, Defendant-Appellee (Vincent O'Malley et al., Defendants and Counterplaintiffs and Counterdefendants-Appellees and Cross-Appellants; Cynthia R. Miller, Defendant and Counterplaintiff-Appellee and Cross-Appellee).

Appellate Court of Illinois — First District (5th Division).

Opinion filed October 5, 1984.

Attorney(s) appearing for the Case

Theodore Birndorf, Seymour J. Layfer, and Barry B. Berk, all of Chicago, for appellants.

Kenneth Ditkowsky and Jay Contorer, both of Ditkowsky & Contorer, of Chicago, for cross-appellants.

David G. Lynch and Vincent A. Lavieri, both of Rudnick & Wolfe, of Chicago, for cross-appellee.

Reversed and remanded.

JUSTICE SULLIVAN delivered the opinion of the court:

This appeal is from a partial summary judgment entered for defendant Cynthia Miller (Miller) on her counterclaim seeking a declaration that she is the sole beneficial owner of certain property held in trust by defendant Harris Trust & Savings Bank under trust number 35945 (the Harris trust), and a judgment against defendants Vincent and Christina O'Malley (the O'Malleys) for an...

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