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DARTMOUTH PLAN, INC. v. DELGADO

No. 90 C 1733.

736 F.Supp. 1489 (1990)

The DARTMOUTH PLAN, INC., Plaintiff, v. Lot DELGADO, Irene R. Delgado, Midlothian State Bank, and Unknown Others, Defendants. Lot DELGADO, et al., Counterclaimants, v. The DARTMOUTH PLAN, INC., et al., Counterdefendants.

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

April 26, 1990.

Attorney(s) appearing for the Case

Richard J. Rappaport, Arthur F. Radke and Patricia K. Smoots, Ross & Hardies, Chicago, Ill., for Dartmouth Plan, Inc.

Stanley J. Adelman, Peter S. Lubin and John E. Mitchell, Rudnick & Wolfe, Chicago, Ill., for N.B.D. Bank Evanston and N.B.D. Bank, Arlington Heights.

Daniel A. Edelman and Lawrence Walner, Chicago, Ill., for defendants.

Paul W. Schroeder, Jones Day Reavis & Pogue, Chicago, Ill., and June K. Ghezzi, for National City Bank, Security Fed. Sav. and Loan Ass'n, European American Bank, and Goldome Bank.

Edward C. Fitzpatrick and Albert E. Fowerbaugh, Jr., Chicago, Ill., for Old Republic Ins. Co.

MEMORANDUM OPINION AND ORDER

HART, District Judge.

Presently before the court is defendants' motion to remand this case to the state court from which it was removed. It is first necessary to set forth the relevant proceedings that occurred in state court.1

In 1985, defendants Lot and Irene Delgado had improvements done on their home. A retail installment contract was used to finance the improvements. Plaintiff The Dartmouth...

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