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BERENS v. LUDWIG

No. 96 C 3534.

953 F.Supp. 249 (1997)

Mark H. BERENS, Plaintiff, v. Eugene LUDWIG, Comptroller of the Currency, and Marquette Bank, N.A., as Successor in interest to Marquette Bank Shakopee, N.A., Defendants.

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

February 13, 1997.

Attorney(s) appearing for the Case

Mark H. Berens, Richard M. Carbonara, Altheimer & Gray, Chicago, IL, for Plaintiff.

James Michael Kuhn, U.S. Attorneys Office, Chicago, IL, Kenneth J. Lennon, Office of the Comptroller of Currency, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is defendant Comptroller of the Currency's motion to dismiss plaintiff Mark H. Berens' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the alternative, motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(b). For the reasons that follow, the court denies the motion to dismiss, but grants the motion for summary judgment.

I.

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