◆ SpookStack

from a class action@mccessfully prosecuted various law firms in Chicago. underlying class acti successfully challenged the constitutionality of a state law which sought “to tax leaseholds on the same basis as other real estate holdings. Some $10 million in funds collected under the invalid law were being held in escrow. I served as lead counsel for the three law firms who had prosecuted the class action. In the trial court, Judge Daniel Cavelli, - after a full prove-up trial, awarded fees on a percentage basis against the fund. An appeal was taken by several taxpayers who were seeking to resist the fees. We filed a cross-appeal seeking the full relief as' requested-in thepetition for fees. ‘Two major questions made the’ case significant and a landmark in class actions in Illinois. The first question was whether the escrow fund in the case met the requirement under Illinois law that a "fund" be in existence against which fees could be assessed. The second question involved the degree of proof and manner of prove~-up necessary to allow a Chancellor to award fees. The Appellate Court of: Illinois affirmed the decision of the Chancellor.. 25 Ill. App. 3d 216, 323 N.E. 2d 897 (1974) Subsequent to my leaving the firm to return to Congress, the case was further appealed by the original appellants to the Supreme Court of Illinois where the underlying decision was again affirmed (although the size of the fee allowed was diminished). 62 Ill. App. 3d 216, 323 N. E. 2d 897 (1976) ‘I argued the case in the Appellate Court, did most of the work on the Appellate Court briefs and, as lead counsel, was responsible for the prepara~ tion and presentation of all trial court motions, presentation of witnesses and prove-up. I was involved in the case from January, 1973, through October, 1974. My co-counse hroudha | ____ ior Arvey, Hodes, Costello and Burmanf sob The lead counse or b7c @ opposition was} CL OF Maver, Brown and Platt, 2. American Cancer Society vs. Estate of Tomlinson. I repre- sented the Chicago Chapter of the American Cancer Society in a will construction case in the Probate Division of the Circuit Court of Peoria County. The decedent had left a bequest to the "Cancer Research Fund." On behalf of the American Cancer Society, I prosecuted an action successfully to establish that the decedent had intended the bequest to go to the American Cancer Society. In order to achieve that result, I presented evidence dealing with the state of the decedent's mind as well as evidence that the American Cancer Society was the organization which was working in the areas about which the decedent was concerned. Heirs pg ae rennsiekaehtamds ateiindiinabanbatentatienennt andi co