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HOME FEDERAL BANK FOR SAV. v. GUSSIN

No. 90 C 5077.

783 F.Supp. 363 (1992)

HOME FEDERAL BANK FOR SAVINGS, Plaintiff, v. Paul GUSSIN, et al., Defendants. Paul GUSSIN, Third Party Plaintiff, v. CALUMET NATIONAL BANK, as Executor of Estate of Donald G. Levine, Third Party Defendant.

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

January 9, 1992.

Attorney(s) appearing for the Case

Marc J. Chalfen, Randolph E. Ruff, James H. Longstreet, DeHaan & Richter, P.C., Chicago, Ill., for Home Federal Bank for Savings.

F. John McGinnis, Althermer & Gray, Chicago, Ill., for Paul Gussin.

Myrna Baskin Goldberg, Rudnick & Wolfe, Chicago, Ill., for Calumet Nat. Bank.

MEMORANDUM AND ORDER

MORAN, Chief Judge.

Calumet National Bank (Calumet), a third party defendant in this action, moves to dismiss Paul Gussin's (Gussin) third party complaint for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Alternatively, Calumet requests that we exercise our discretion and decline jurisdiction. For the following reasons, Gussin's third party complaint is stayed and Calumet's motion...

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