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McCORMICK v. McCORMICK

No. 1-87-2701.

180 Ill. App.3d 184 (1988)

536 N.E.2d 419

BROOKS McCORMICK, JR., Plaintiff-Appellant, v. BROOKS McCORMICK et al., as Trustees, et al., Defendants-Appellees. — CHARLES E. SCHROEDER et al., as Trustees, Petitioners-Appellees, v. BROOKS McCORMICK, JR., Indiv., et al., Respondents-Appellants.

Appellate Court of Illinois — First District (1st Division).

Modified on denial of rehearing March 31, 1989.

Attorney(s) appearing for the Case

D'Ancona & Pflaum and James C. Murray, Jr., and Peter Petrakis, both of Katten, Muchin & Zavis, both of Chicago (Barry T. McNamara and Selwyn Zunn, of counsel), for appellant.

Wildman, Harrold, Allen & Dixon, of Chicago (Max E. Wildman, Jerald P. Esrich, Craig M. White, and Cal R. Burnton, of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

This appeal arises from: (1) Brooks McCormick, Jr.'s (Brooks Jr.'s), suit for an accounting and damages for breach of fiduciary duty against Brooks McCormick, Sr. (Brooks Sr.), and Charles E. Schroeder (jointly referred to as the Trustees), as former trustees of the Brooks McCormick, Jr., Trust, dated August 5, 1964, as amended (the Trust) and...

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