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GREENEBAUM MORTGAGE CO. v. TOWN AND GARDEN ASSOCIATES

No. 16066.

385 F.2d 347 (1967)

GREENEBAUM MORTGAGE COMPANY, Plaintiff-Appellee, v. TOWN AND GARDEN ASSOCIATES, Jack P. Schleifer, and Arthur G. Cohen, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 28, 1967.

Attorney(s) appearing for the Case

Louis A. Lehr, Jr., Paul L. Leeds, Chicago, Ill., for defendants-appellants, Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., and Rubin, Wachtel, Baum & Levin, New York City, of counsel.

Edwin A. Rothschild, Thomas C. Homburger, Chicago, Ill., for plaintiff-appellee, Sonnenschein, Levinson, Carlin, Nath & Rosenthal, Chicago, Ill., of counsel.

Before DUFFY, Senior Circuit Judge, and SWYGERT, and FAIRCHILD, Circuit Judges.

SWYGERT, Circuit Judge.

This diversity action was commenced by Greenebaum Mortgage Company, an Illinois corporation, against Town and Garden Associates, a New York limited partnership, as well as Jack P. Schleifer, Arthur G. Cohen, and Eugene L. Colman, citizens of the State of New York and general partners of Associates. The complaint sought recovery of a commission allegedly due for the issuance of a mortgage loan commitment to the defendants. Plaintiff's motion...

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