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BRANDT v. GROUNDS

No. 79 C 4325.

502 F.Supp. 598 (1980)

Kenneth BRANDT, Glenn McHenry, Henry Reitz, Trustees of the Smithco Fabricators, Inc. Profit Sharing Plan & Trust, Plaintiffs, v. Edward GROUNDS, and The Mount Prospect State Bank, an Illinois Banking Corporation, Defendants.

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

December 8, 1980.

Attorney(s) appearing for the Case

Rocco A. Romano, Leoris, Cohen & Erde, Highland Park, Ill., for plaintiffs.

Samuel V. P. Banks, Harry D. Lavery, George Zelcs, Berger, Newmark & Fenchel, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This cause is before the Court on Mount Prospect State Bank's ("Bank") motion to dismiss Count III of plaintiff's second amended complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.1 The question presented is whether the Bank is liable for the alleged conversion of certain pension funds on deposit with the Bank by Edward Grounds ("Grounds"), a trustee...

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