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HATHERLEY v. PALOS BANK AND TRUST CO.

No. 86 C 4237.

650 F.Supp. 832 (1986)

Anthony J. HATHERLEY and Vesta Retirement Trust, Plaintiffs, v. PALOS BANK AND TRUST COMPANY, an Illinois banking corporation, Defendant.

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

December 31, 1986.

Attorney(s) appearing for the Case

Richard C. Jones, Jr., Morton Denlow, Dardick & Denlow, Chicago, Ill., for plaintiffs.

Richard H. Kane, Richard H. Kane & Associates, Ltd., Chicago, Ill., for defendant.

MEMORANDUM ORDER

BUA, District Judge.

The matter before this court concerns defendant's motions to dismiss pursuant to Rules 9, 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons stated herein, defendant's motion is denied in part and granted in part.

I. FACTS

On June 12, 1986, plaintiffs Vesta Retirement Trust (Vesta) and its trustee Anthony Hatherley filed a three-count complaint against defendant Palos Bank...

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