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IN RE NORTH SHORE NAT. BANK OF CHICAGO, ETC.

Bankruptcy No. 81 B 6473.

17 B.R. 867 (1982)

In re NORTH SHORE NATIONAL BANK OF CHICAGO, LAND TRUST NO. 362, Debtor(s).

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

March 1, 1982.

Attorney(s) appearing for the Case

F. Kevin Murnighan, Carey, Filter & White, Chicago, Ill., for movant North Shore National Bank.

Keevan D. Morgan, Morgan & Susman, Chicago, Ill., for defendant.

MEMORANDUM OPINION

FREDERICK J. HERTZ, Bankruptcy Judge.

This cause comes to be heard on the motion of North Shore National Bank of Chicago (hereinafter referred to as the Bank) to dismiss the voluntary petition filed by Eric Rothner on June 1, 1981. The facts are not in dispute and are set forth below.

I

On May 24, 1979 Eric and Elaine Rothner entered into a Trust Agreement with the Bank as Trustee (when in this capacity, hereinafter referred...

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