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HOME SAV. ASS'N OF KANSAS CITY v. STATE BANK

No. 90 C 1748.

763 F.Supp. 292 (1991)

HOME SAVINGS ASSOCIATION OF KANSAS CITY, F.A., a federally chartered stock savings and loan association, Plaintiff, v. The STATE BANK OF WOODSTOCK, an Illinois banking corporation, as Trustee under Trust Agreement dated March 17, 1980 and known as Trust No. 3033, Crystal Lake Hotel Limited Partnership, an Illinois limited partnership, Mid-Continent Builders, Inc., an Illinois corporation, Wilbert J. Hanke, Jack Curran, William Franz, Non-Record Claimants, and Unknown Others, Defendants.

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

March 5, 1991.

Attorney(s) appearing for the Case

James R. Morrin, John B. Griffin, John T. Benz, Jill A. Cuba, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for plaintiff.

William I. Caldwell, Jr., Richard T. Jones, Jeffrey A. Rouhandeh, Caldwell Berner & Caldwell, Woodstock, Ill., Frank J. Dolan, David J. Tecson, Frank J. Dolan & Assoc., Raymond J. Kelly, Gus A. Paloian, Seyfarth Shaw Fairweather & Geraldson, Raymond A. Fylstra, Edward T. Joyce, Joyce & Kuabasiak, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

MORAN, Chief Judge.

Before the court are motions by Home Savings Association of Kansas City, F.A. ("Home Savings") and Mid-Continent Builders, Inc. ("Mid-Continent") to dismiss certain counts of a counter and cross-claim filed by Wilbert J. Hanke, John H. Curran, and William M. Franz, and William M. Franz as Trustee of a trust deed. For the reasons stated herein, this court grants Home Savings' motion but denies that of Mid-Continent...

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