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CITIBANK, N.A. v. BEARCAT TIRE, A.G.

No. 82 C 4298.

550 F.Supp. 148 (1982)

CITIBANK, N.A., Plaintiff, v. BEARCAT TIRE, A.G., et al., Defendants.

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

November 3, 1982.

Attorney(s) appearing for the Case

Sara J. Gourley, Shalom L. Kohn, Sidley & Austin, Chicago, Ill., for plaintiff.

James E. Doroshow, Berman, Fagel, Haber, Maragos & Abrams, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

In this diversity action Citibank, N.A. ("Citibank") has sued Bearcat Tire, A.G. ("Bearcat"), Jordan Fishman ("Fishman") and Louis Fishman & Co. ("Company"). Citibank alleges Bearcat defaulted on a promissory note (the "Note") (Count I), Fishman defaulted on a personal guaranty of the Note (Count II) and Bearcat transferred borrowed funds to Company in fraud of Bearcat's creditor Citibank (Count III...

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