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FIDELITY & DEPOSIT CO. v. C & A CURRENCY EXCHANGE

No. 90 C 454.

738 F.Supp. 302 (1990)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, Plaintiff, v. C AND A CURRENCY EXCHANGE, INC., an Illinois corporation; Belmont National Bank of Chicago, a national banking association; Continental Bank, N.A., a national banking association; and LaSalle Northwest National Bank, f/k/a Northwest National Bank of Chicago, a national banking association, Defendants. BELMONT NATIONAL BANK OF CHICAGO, Third-Party Plaintiff, v. David KAHN and Diane Kahn, Third-Party Defendants.

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

June 8, 1990.

Attorney(s) appearing for the Case

Edward P. McNeela, Paul A. Brocksmith, McNeela & Griffin, Ltd., Chicago, Ill., for plaintiff.

George B. Collins, Michael G. Holzman, Collins & Bargione, Chicago, Ill., for Belmont Nat. Bank of Chicago and Continental Bank, N.A.

Mark D. DeBofsky, Marvin Berz, Chicago, Ill., for C and A Currency Exchange, Inc.

James Krasny, Markoff, Krasny & Goldman, Chicago, Ill., for LaSalle Northwest Nat. Bank.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

David and Diane Kahn have moved to dismiss the third-party complaint of Belmont National Bank of Chicago under Rules 12(b)(1) and 12(b)(6), Fed.R.Civ.Pro. In its complaint, Belmont hopes to recover on a guarantee signed by the Kahns, who are alleged to be the principals of C and A Currency Exchange, Inc., in the event that Belmont is liable to Fidelity and Deposit Company of Maryland in the suit which...

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