FIELDS v. SAX

No. 83-1040.

123 Ill. App.3d 460 (1984)

462 N.E.2d 983

MAXWELL FIELDS et al., Plaintiffs-Appellants and Counterdefendants-Cross-Appellees, v. SAMUEL W. SAX et al., Defendants-Appellees and Counterplaintiffs-Cross-Appellants.

Appellate Court of Illinois — First District (4th Division).

Opinion filed April 12, 1984.


Attorney(s) appearing for the Case

Russell J. Topper, Edward Berman, and Hoffman & Davis, P.C., all of Chicago, for appellants.

Selwyn Zun and Robert W. Gettleman, both of D'Ancona & Pflaum, of Chicago, for appellees Exchange National Bank of Chicago and Exchange International Corporation.

Kevin M. Forde, of Kevin M. Forde, Ltd., R.A. Mantynband, of Arvey, Hodes, Costello & Burman, N.J. Motherway, of Motherway & Glenn, and Richard J. Prendergast, Ltd., all of Chicago, for other appellees.


Judgment affirmed.

JUSTICE O'CONNOR delivered the opinion of the court:

This appeal arises from the granting of defendants' motion for judgment at the close of plaintiffs' case. (Ill. Rev. Stat. 1981, ch. 110, par. 2-1110.) The cause of action, a derivative suit by shareholders of Exchange National Bank, was originally filed in 1970. The defendants, George Sax, Samuel Sax, Samuel Bergman, Melvin Lippe and Walter Hepner, were directors of the nominal defendant...

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