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WILLIAMS v. NATIONAL HOUSING EXCHANGE INC.

No. 95 C 4243.

949 F.Supp. 650 (1996)

Donna Lee H. WILLIAMS, Insurance Commissioner of the State of Delaware, As Receiver of National Heritage Life Insurance Company In Rehabilitation, Continental Stock Transfer & Trust Company, and Midwest Mortgage Servicing, L.L.C., Plaintiffs, v. NATIONAL HOUSING EXCHANGE, INC. APX Mortgage Services, Inc., and Resource Asset Management, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 13, 1996.

Attorney(s) appearing for the Case

Steven Samuel Scholes, David Brian Montgomery, David J. Stetler, McDermott, Will & Emery, Chicago, IL, Michael S. Oberman, Ronald S. Greenberg, Kramer, Levin, Naftalis, Nessen, Kamin & Frankel, New York City, for Donna Lee H. Williams.

Steven Samuel Scholes, McDermott, Will & Emery, Chicago, IL, Andrew Dash, Berlack, Israels & Liberman, New York City, Arnold A. Pagniucci, James A. Rolfes, Sachnoff & Weaver, Ltd., Chicago, IL, for Continental Stock Transfer & Trust Co.

Richard M. Waris, Pretzel & Stouffer, Chtd., Chicago, IL, for Midwest Independent Bank and Midwest Mortgage Servicing, L.L.C.

Robert E. Davy, Robert E. Davy, Jr. & Associates, Chicago, IL, Frederick A. Bragiel, Arlington Heights, IL, for Resource Asset Management, Inc.

Marc Oliver Beem, David J. Krupp, Diane Frances Klotnia, Miller, Shakman, Hamilton, Kurtzon & Shlifke, Chicago, IL, for David J. Krupp.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Two of the plaintiffs, Donna Lee H. Williams (the "Commissioner") and Continental Stock Transfer and Trust Company ("Continental"), have moved to dismiss Count I of defendant Resource Asset Management's (RAM) counterclaim. The Commissioner and Continental allege that RAM's unjust enrichment claim must be dismissed pursuant to Rule 12(b)(6) because it fails to state a claim upon which relief may...

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