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SMITH v. GRUNDY COUNTY NAT. BANK

No. 84 C 9719.

635 F.Supp. 1071 (1986)

J. George SMITH, Anna Smith, Individually and Nannette Armstrong, Cheryl Wormley, Lois Horeni and Kent Smith, d/b/a Rock-I Farm, a Partnership, Plaintiffs, v. GRUNDY COUNTY NATIONAL BANK, Individually and as Trustee of Grundy County National Bank Trust No. 446, Ronald L. Wohlwend, James H. Tannenbaum, Richard G. Meunsch, G.W. Kemp, Jack Lewis, James E. McElvain, H.C. Abalos, Kenneth Hunt, R.B. Owen and J.A. Peterson, Individually and as Officers and Directors of Grundy County National Bank, Defendants.

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

April 3, 1986.

Attorney(s) appearing for the Case

Wayne F. Weiler, Lambert M. Ochsenschlager, Gary G. Piccony, Reid, Ochsenschlager, et al., Aurora, Ill., for plaintiffs.

James E. Spiotto, James M. Breen, Susan C. Hummel, Chapman & Cutler, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Former District Judge Thomas McMillen dismissed this civil RICO suit1 in July 1985 for failure to state a claim for relief. Plaintiffs sought leave to amend their complaint and vacate the dismissal, and defendants ("the Bank")2 renewed their motion. For the reasons stated below, we find that the amended complaint does not cure the original complaint...

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