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COMMUNITY BANK, FSB v. STEVENS FINANCIAL CORP.

No. 3:96-cv-0267 AS.

966 F.Supp. 775 (1997)

COMMUNITY BANK, FSB, Plaintiff, v. STEVENS FINANCIAL CORPORATION and Creig Stevens, Defendants. HOMESIDE LENDING, INCORPORATED a Florida Corporation f/k/a BancBoston Mortgage Corporation, Intervenor Plaintiff, v. COMMUNITY BANK, FSB, an Indiana Federal Savings Bank, and Stevens Financial Corporation, a California Corporation, Intervenor Defendants.

United States District Court, N.D. Indiana, South Bend Division.

June 2, 1997.

Attorney(s) appearing for the Case

Lewis C. Laderer, Jr., Rebecca H. Fischer, South Bend, IN, for Community Bank, FSB.

Douglas J. Hannoy, Feiwell and Hannoy, Indianapolis, IN, for Stevens Financial Corp. and Creig Stevens.

Raymond J. Kelly, Jr., Alexander S. Vesselinovitch, Seyfarth Shaw Fairweather and Geraldson, Chicago, IL, for HomeSide Lending, Inc.

MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

This cause is before the court on intervenor defendant Community Bank's motion for summary judgment, filed January 31, 1997. In this motion, Community Bank ("Community Bank" or "Community") seeks summary judgment on the state law unjust enrichment claim presented by HomeSide Lending Company ("HomeSide")1 in its Intervenor Complaint, filed November 20, 1996.

I....

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