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BRAZELL v. FIRST NAT. BANK AND TRUST CO.

Nos. 91-3142, 91-3165.

982 F.2d 206 (1992)

E. Douglas BRAZELL and Emory Brazell, Plaintiffs-Appellees/Cross-Appellants, v. FIRST NATIONAL BANK AND TRUST COMPANY OF ROCKFORD, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 14, 1992.

Order Denying Rehearing and Clarifying Opinion January 13, 1993.

Attorney(s) appearing for the Case

Theodore Liebovich, Rockford, IL, Alan W. Cargerman (argued), William P. Fearer, Fearer, Nye, Ahlberg & Chadwick, Oregon, IL, for plaintiffs-appellees.

Michael A. Ficaro, John P. Ratnaswamy (argued), Hopkins & Sutter, Chicago, IL, for defendants-appellants.

Before POSNER and COFFEY, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

POSNER, Circuit Judge.

This is a diversity suit for fraud and breach of contract, brought against a bank by major shareholders of one of the bank's borrowers. The bank counterclaimed, seeking to enforce the shareholders' guarantees of the borrower's debt to the bank. A jury found fraud and awarded the plaintiffs more than $500,000 and rejected the counterclaim. The bank appeals, arguing that no reasonable jury could have found fraud (let alone by clear and convincing...

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