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WHEELER v. KANSAS TURNPIKE AUTHORITY

No. 86-2906.

157 Ill. App.3d 56 (1987)

510 N.E.2d 62

HENRY P. WHEELER et al., Indiv. and on behalf of all owners of Kansas Turnpike Authority 3 3/8% Turnpike Revenue Bonds, dated October 1, 1954, Plaintiffs-Appellants, v. KANSAS TURNPIKE AUTHORITY et al., Defendants-Appellees.

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

Opinion filed June 11, 1987.

Attorney(s) appearing for the Case

David M. Hartigan, Carrie A. Durkin, Joan M. Kubalanza, and Cheryl L. Urbanski, all of Wilson & McIlvaine, of Chicago, for appellants.

Lawrence C. Gates and Dan Biles, both of Gates & Clyde, Chartered, of Overland Park, Kansas, for appellee Kansas Turnpike Authority.

Keith F. Bode, Laura A. Kaster, and Kenneth A. Kroot, all of Jenner & Block, of Chicago, for appellees Morgan Guaranty Trust Company of New York, Fourth National Bank and Trust Company, Wichita, and First National Bank of Topeka.

Albert G. Terrell, Zachary I. Stearns, and Luke Townsend, all of Terrell & Clifton, of Chicago, for appellee First National Bank of Chicago.

Judgment affirmed and cause remanded.

JUSTICE JIGANTI delivered the opinion of the court:

This appeal involves the application of the doctrine of forum non conveniens to determine which forum, Illinois or Kansas, should exercise jurisdiction over the dispute between the parties.

In 1954, the Kansas Turnpike Authority issued certain Turnpike Revenue Bonds in order to finance the construction of the Kansas Turnpike. A trust agreement entered into...

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