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MERRILL LYNCH, PIERCE, FENNER & SMITH v. DEVON BK.

No. 83 C 2422.

702 F.Supp. 652 (1988)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, Plaintiff, v. DEVON BANK, an Illinois banking corporation, Defendant. DEVON BANK, an Illinois banking corporation, Third-Party Plaintiff, v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a national banking association, and Crocker National Bank, a national banking association, Third-Party Defendants.

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

November 4, 1988.

Attorney(s) appearing for the Case

Peter A. Cantwell, Andrew V. DePaul and Stephen E. Smith, Cantwell, Smith & Van Daele, Chicago, Ill., for plaintiff.

Marc O. Beem and Michael L. Shakman, Krupp & Miller, Chicago, Ill., for defendant.

Michael J. Sweeney, Robert D. McLean and Joshua J. Mintz, Sidley & Austin, Chicago, Ill., for Crocker Nat. Bank.

Richard H. Ferri and Paul K. Vickrey, Chicago, Ill., for Continental Illinois Nat. Bank and Trust Co.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

In this opinion, we consider matters taken under advisement in our opinion of October 24, 1988. In our prior opinion, we noted that this suit was before the District Court for a second time. District Judge George N. Leighton, now retired, previously granted the motion of defendant Devon Bank ("Devon") for summary judgment against the plaintiff Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Merrill Lynch...

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