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CASTELLANO v. MARION PARTNERS BY MORRIS

No. 91-1128.

960 F.2d 636 (1992)

J.D. CASTELLANO, as General Partner of Castel Properties, Ltd., an Illinois Limited Partnership, Plaintiff/Third-Party Plaintiff/Appellant, v. MARION PARTNERS, a Pennsylvania Limited Partnership, by Howard MORRIS, Gregory Russell, Daniel Litwin, Marc Zaid and Thomas Ledbetter, Defendant/Third-Party Plaintiff/Appellee, v. WAL-MART STORES, INC., a Delaware corporation, Third-Party Defendant/Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 1, 1992.

Attorney(s) appearing for the Case

Mark A. Brittingham (argued), Biggs & Hensley, St. Louis, Mo., for plaintiff/third-party plaintiff/appellant.

Mark M. Silvermintz, Carr, Korein, Tillery, Kunin, Montroy, Glass & Bogard, East St. Louis, Ill., for defendant/third-party plaintiff/appellee.

Roger Price (argued), Jeffrey H. Bergman, D'Ancona & Pflaum, Chicago, Ill., for defendant/third-party plaintiff/appellee.

W.A. Armstrong (argued), Mitchell & Armstrong, Marion, Ill., for third-party defendant/appellee.

Before WOOD, Jr. and MANION, Circuit Judges, and ROSZKOWSKI, Senior District Judge.

ROSZKOWSKI, Senior District Judge.

This case concerns an alleged default on a wrap around mortgage. Plaintiff-Appellant Castellano is a wrap mortgagee of property in southern Illinois upon which lies a retail building leased by Wal-Mart. Without prior notice to or permission from either Castellano or Marion Partners (the wrap mortgagor), Wal-Mart built an expansion onto the store. This expansion reached across the property line onto property owned by Wal-Mart.

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