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LIBERTY NAT. BANK OF CHICAGO v. NEWBERRY

Gen. No. 46,539.

6 Ill. App.2d 252 (1955)

127 N.E.2d 269

Liberty National Bank of Chicago, a National Banking Association, as Trustee of Trust No. 4815, Appellee, v. Mary L. Newberry et al., Descendants Below. On Appeal of Robert N. McCreary and Walter N. Darby, as Executors of Will of Mary L. Newberry, Deceased, Appellants.

Appellate Court of Illinois — First District, Second Division.

Released for publication June 30, 1955.

Attorney(s) appearing for the Case

McCarthy, Witry, Lyon & McCarthy, of Chicago, for appellants; George R. Lyon, of Chicago, of counsel.

Benjamin A. Rasky, of Chicago, for appellee.

MR. PRESIDING JUSTICE McCORMICK delivered the opinion of the court.

The trial court had, on motion of plaintiff, entered an order dismissing the cause of action and vacating an injunction which had been previously issued. Subsequently the defendants moved to have the order amended to permit them to file a suggestion of damages. This motion was denied by the trial court, from which ruling this appeal is taken.

As to the matters material to this appeal the record...

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