CUMMINS FINANCIAL, INC. v. VESSEL ROSE OF ROCK RIVER

No. 90 C 20059.

771 F.Supp. 234 (1991)

CUMMINS FINANCIAL, INC., Plaintiff, v. The VESSEL ROSE OF ROCK RIVER; Official Number 950640, In Rem Michael L. Maust and Carol F. Maust, jointly and severally, Defendants. BELDING CORPORATION, Defendant/Cross-Plaintiff, v. The VESSEL ROSE OF ROCK RIVER; Official Number 950640, In Rem Michael L. Maust and Carol F. Maust, jointly and severally, and Cummins Financial, Inc., Defendants/Cross-Defendants.

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

January 15, 1991.


Attorney(s) appearing for the Case

Thomas J. Lester, Thomas & Hinshaw Culbertson, Rockford, Ill., for plaintiff.

Peter Alexander, Alexander & Cicero, P.C., Rockford, Ill., for defendant Vessel Rose of Rock River.

Stephen G. Balsley, Barrick, Switzer, Long, Balsley & Van Evera, Rockford, Ill., for defendant, cross-plaintiff.


ORDER

ROSZKOWSKI, District Judge.

Before the court is the motion of Defendants Michael L. and Carol F. Maust (hereinafter "the Mausts"), and the Vessel Rose of Rock River (hereinafter "the Vessel"), to dismiss the counterclaim of Belding Corporation. For the reasons set forth herein, the court denies Defendants' motion.

BACKGROUND

On February 21, 1990, Plaintiff Cummins Financial, Inc. (hereinafter "Cummins") filed suit in this court to...

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