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HIMEL v. CONTINENTAL ILL. NAT. BANK & TRUST

No. 78-1593.

596 F.2d 205 (1979)

Chester M. HIMEL et al., Plaintiffs-Appellants, v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 14, 1979.

Rehearing and Rehearing Denied April 27, 1979.

Attorney(s) appearing for the Case

Richard F. Watt, Chicago, Ill., for plaintiffs-appellants.

James E. Honkisz, Mayer, Brown & Platt, Chicago, Ill., for defendant-appellee.

Before FAIRCHILD, Chief Judge, MARKEY, Chief Judge, and BAUER, Circuit Judge.

Rehearing and Rehearing En Banc Denied April 27, 1979.

MARKEY, Chief Judge.

The decision of the District Court for the Northern District of Illinois, 430 F.Supp. 651 (N.D.Ill.1977), granting partial summary judgment in this trust management case, on the basis of res judicata, is reversed.

Background

In 1925, Antonio Mora established a testamentary trust, covering substantially all his estate...

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