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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION

 

IN THE MATTER OF THE POSSESSION )
AND CONTROL OF THE COMMISSIONER )
OF BANKS AND REAL ESTATE OF ) Cause No. 00 CH 5905
INDEPENDENT TRUST CORPORATION )
Illinois Corporate Fiduciary. )

ORDER

This matter having come before the Court on various motions for exclusion from allocation of the cash trust filed by Intrust account holders and the Receiver’s Opposition to Certain Account Holders’ Motions for Exclusion from the Allocation, it is hereby ORDERED:

     1.     During the week of September 25, the Court heard testimony and argument and ruled on various “exemplar motions.” Each of these exemplar motions presented various arguments in favor of exclusion of accounts from the allocation of the cash trust fund shortage.

     2.     The Court now wishes to rule on those outstanding exclusion motions that fall into the same categories as those raised by the exemplar motions. The Court finds that its prior rulings on the exemplar motions apply to all Intrust accounts listed on Exhibit A hereto. Accordingly, the exclusion motions filed by the account holders listed on Exhibit A are DENIED and all such accounts are included in the allocation of the cash trust fund shortage.

     3.     The Court further finds that its rulings of September 25, 2000 and October 4, 2000 that post-April 23, 1999 deposits be excluded from the allocation apply to all Intrust accounts listed on Exhibit A. Thus, to the extent that any such accounts contain deposits made after April 23, 1999, those amounts (and appreciation thereon) shall be excluded from the allocation, in a manner consistent with further order of this Court.

 

Dated: November 8, 2000

  /s/ Sidney A. Jones III                                

  Honorable Sidney A. Jones III

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