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NEW ENGLAND MUT. LIFE INS. v. BANK OF ILLINOIS IN DUPAGE

No. 96 C 4090.

994 F.Supp. 970 (1998)

NEW ENGLAND MUTUAL LIFE INSURANCE CO., Plaintiff, v. BANK OF ILLINOIS IN DUPAGE, et al., Defendants.

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

February 20, 1998.

Attorney(s) appearing for the Case

David Joseph Novotny, Janice L. Cleary, Peterson & Ross, Chicago, IL, for Plaintiff.

John W. Long, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is plaintiff New England Mutual Life Insurance Company's motion for summary judgment. For the reasons that follow, the court grants plaintiff's motion.

I. BACKGROUND1

On January 22, 1994, Fred Penoyer ("Penoyer") met with insurance salesman Michael Carbon ("Carbon") in Lombard, Illinois. At that time, Penoyer...

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