CAPITOL INDEM. CORP. v. KELLER

No. 82-2886.

717 F.2d 324 (1983)

CAPITOL INDEMNITY CORPORATION, Plaintiff-Appellant, v. J.H. KELLER, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1983.


Attorney(s) appearing for the Case

David D. Crane, Leritz & Reinert, P.C., St. Louis, Mo., for plaintiff-appellant.

Ronald J. Giacone, Law Office of Ronald J. Giacone, Benton, Ill., Harold B. Culley, Jr., West Frankfort, Ill., John Kenneth Peek, DuQuoin, Ill., for defendants-appellees.

Before POSNER and COFFEY, Circuit Judges, and WYATT, Senior District Judge.


POSNER, Circuit Judge.

This appeal from a judgment for the defendants in a diversity suit requires us to interpret and apply two Illinois statutes in a setting of alleged fraud against a creditor. The plaintiff is Capitol Indemnity Corporation. The defendants are J.H. and Fred Keller and other members of the Keller family; a bank in West Frankfort, Illinois; and the Gipsons.

We shall simplify the facts to make them easier to follow. In 1971 Capitol sued J...

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