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RTC COMMERCIAL ASSETS v. PHOENIX BOND & INDEM.

No. 96 C 2382.

963 F.Supp. 706 (1997)

RTC COMMERCIAL ASSETS TRUST 1995-NP3-1, a Delaware business trust, Plaintiff, v. PHOENIX BOND & INDEMNITY COMPANY, COOK COUNTY ex rel. Thomas C. HYNES in his capacity as the County Assessor, Edward J. Rosewell in his capacity as the County Treasurer and the County Collector, and David Orr in his capacity as the County Clerk, Defendants.

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

May 6, 1997.

Attorney(s) appearing for the Case

Edward Sidney Weil, Gary P. Segal, Schwartz, Cooper, Greenberg & Krauss, Chicago, IL, Jill Anne Glickstein, Rudnick & Wolfe, Chicago, IL, Rodney C. Slutzky, Chicago, IL, for RTC Commercial Assets Trust 1995-NP3-1.

Stanford D. Marks, Chicago, IL, Andrew William Marks, Chicago, IL, for Phoenix Bond & Indem. Co.

David Adam Victor, Donna M. Lach, State's Attorney of Cook County, Chicago, IL, David Mark Lavin, Cook County State's Attorney's Office, Chicago, IL, for Thomas C. Hynes, Edward J. Rosewell and David Orr.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Plaintiff RTC Commercial Assets Trust has filed a four count amended complaint seeking declaratory relief against defendant Phoenix Bond & Indemnity Company ("Phoenix"), Thomas C. Hynes in his capacity as Cook County Assessor, Edward J. Rosewell in his capacity as County Treasurer and County Collector, and David Orr in his capacity as County Clerk (jointly the "County Defendants"). Specifically...

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