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D & K PROPERTIES CRYSTAL LAKE v. MUTUAL LIFE INS.

No. 96-2278.

112 F.3d 257 (1997)

D & K PROPERTIES CRYSTAL LAKE, an Illinois Partnership, Plaintiff-Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a New York corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 17, 1997.

Attorney(s) appearing for the Case

Robert F. Coleman, Jerry S. Menge (argued), Coleman & Associates, Eugene I. Pavalon, Pavalon & Gifford, Chicago, IL, for Plaintiff-Appellant.

Steven M. Hartmann (argued), Felice K. Bernstein, Freeborn & Peters, Chicago, IL, for Defendant-Appellee.

Before COFFEY, MANION, and EVANS, Circuit Judges.

MANION, Circuit Judge.

D & K Properties Crystal Lake ("D & K") seeks to sue Mutual Life Insurance Company of New York ("MONY") for bad faith breach of contract, even though it admits its suit is barred by res judicata. D & K argues that it expressly reserved this cause of action earlier and therefore that it may still assert the claim. Because we disagree that the claim was expressly reserved, we affirm the district court's dismissal of D & K's lawsuit...

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