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HERZOG v. NBD BANK OF HIGHLAND PARK

No. 95 C 7526.

203 B.R. 80 (1996)

David R. HERZOG, Trustee in Bankruptcy, Plaintiff-Appellant, v. NBD BANK OF HIGHLAND PARK, Barry J. Millman and William C. Millman, Defendants-Appellees.

United States District Court, N.D. Illinois, Eastern Division.

November 15, 1996.

Attorney(s) appearing for the Case

David Jonathan Wolf, Layfer, Cohen & Handelsman, Ltd., Chicago, IL, for Plaintiff-Appellant.

MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

Appellant David Herzog, Trustee in Bankruptcy ("Trustee"), appeals the November 9, 1995 decision dismissing Trustee's adversary proceeding entered by the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, in case number 95 A 509. The Bankruptcy Court ruled that the Trustee failed to state a claim that, under a theory of equitable marshalling, the Court should...

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