MERRILL LYNCH, PIERCE, FENNER & SMITH v. DEVON BK.

No. 83 C 2422.

654 F.Supp. 506 (1987)

MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC., a corporation, Plaintiff, v. DEVON BANK, an Illinois banking corporation, Defendant, and DEVON BANK, an Illinois banking corporation, Third-Party Plaintiff, v. CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a national banking association, and Crocker National Bank, a national banking association, Third-Party Defendants.

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

February 23, 1987.


Attorney(s) appearing for the Case

Peter A. Cantwell, Andrew V. DePaul, Stephen E. Smith, Cantwell, Smith & Van Daele, Chicago, Ill., for plaintiff.

Marc O. Beem, Michael L. Shakman, Krupp & Miller, Arthur W. Friedman, Chicago, Ill., for defendant.

Micheal J. Sweeney, Robert D. McLean, Joshua J. Mintz, Sidney & Austin, Chicago, Ill., for Crocker Nat. Bank.

Richard H. Ferri, Paul K. Vickrey, Chicago, Ill., for Continental Illinois Nat. Bank & Trust Co.


MEMORANDUM

LEIGHTON, Senior District Judge.

In this diversity action, the plaintiff, Merrill Lynch, Pierce, Fenner and Smith, Inc., brings suit to recover from defendant, Devon Bank, for its alleged wrongful dishonor of a check. The cause is before the court on Devon's motion for summary judgment. For the following reasons, it appearing that there is no material issue of fact to be resolved and that Devon is entitled to judgment as a matter of law, the motion...

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