HYMAN-MICHAELS CO. v. SWISS BANK CORP.

No. 73 C 2643.

496 F.Supp. 663 (1980)

HYMAN-MICHAELS COMPANY, an Illinois Corporation, Plaintiff, v. SWISS BANK CORPORATION, a Swiss Corporation, Defendant and Third Party Plaintiff, v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a national banking association, Third-Party Defendant.

United States District Court, N. D. Illinois, E. D.

August 13, 1980.


Attorney(s) appearing for the Case

Joel J. Sprayregen, Aaron, Aaron, Schimberg & Hess, Chicago, Ill., for plaintiff.

John L. Conlon, Hopkins, Sutter, Owen, Mulroy & Davis, Alan N. Salpeter, Mayer, Brown & Platt, Chicago, Ill., for defendant and third party plaintiff.


ORDER

ROSZKOWSKI, District Judge.

Before the court is the motion of Continental Illinois National Bank and Trust Company of Chicago ("Continental"), third party defendant, to dismiss the counterclaim filed by plaintiff, Hyman-Michaels against Continental and, upon that dismissal, to withdraw the counterclaim filed by Continental against Hyman-Michaels. For the reasons herein stated, this court denies Continental's motion.

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