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ITT COMMERCIAL FINANCE v. UNLIMITED AUTOMOTIVE

No. 92 C 1059.

814 F.Supp. 664 (1992)

ITT COMMERCIAL FINANCE CORP., a Nevada Corporation, Plaintiff, v. UNLIMITED AUTOMOTIVE, INC., d/b/a Fox Valley R.V., an Illinois Corporation, Bank One Milwaukee, N.A., a federally chartered banking association, and Richard Messenger, Defendants. CHRYSLER FIRST COMMERCIAL CORPORATION, a Pennsylvania Corporation, Intervenor, v. UNLIMITED AUTOMOTIVE, INC., d/b/a Fox Valley R.V., an Illinois Corporation, and Everett J. Hiller, Defendants.

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

December 9, 1992.

Attorney(s) appearing for the Case

Daniel John Voelker, Peter C. Woodford, James L. Curtis, Christopher V. Langone, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for plaintiff.

Douglas Allan Lindsay, Blake T. Lynch, Thomas Maurice Weithers, Michele K. Parthum, Lewis, Overbeck & Furman, Mark Stephen Boyle, Law Offices of Mark S. Boyle, Chicago, IL, for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Presently before the court are the motions of defendants Bank One Milwaukee, N.A. ("Bank One") and Richard Messenger to dismiss respectively Counts III and IV of plaintiffs second-amended complaint for lack of subject matter jurisdiction. For the reasons set forth below, we deny both motions.

I. Motion to Dismiss Standard

A motion to dismiss should not be granted unless it "appears beyond...

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