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MIDWEST COMMERCE BANKING, CO. v. ELKHART CITY CENTRE

No. 92-2966.

4 F.3d 521 (1993)

MIDWEST COMMERCE BANKING COMPANY, Plaintiff-Counter-Defendant, Appellee, v. ELKHART CITY CENTRE, Defendant-Counter-Plaintiff-Third-Party-Plaintiff, Appellant, v. James V. WOODSMALL; Warrick, Weaver & Boyn; and Marla Unger, Third-Party-Defendants, Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 9, 1993.

Attorney(s) appearing for the Case

Paul E. Becher (argued), Karla O. Boresi, Barnes & Thornburg, Elkhart, IN, Daniel F. Gosch, Detroit, MI, for Midwest Commerce Banking Co.

Joseph C. Niebler (argued), Scott J. Hutchison, Niebler & Muren, Brookfield, WI, for Elkhart City Centre.

G. Ronald Heath, Ronald G. Sentman, Johnson, Smith, Densborn, Wright & Heath, Indianapolis, IN, for James V. Woodsmall and Warrick, Weaver & Boyn.

Paul E. Becher, Karla O. Boresi, Barnes & Thornburg, Elkhart, IN, William I. Kohn, Michael B. Watkins, Barnes & Thornburg, South Bend, IN, for Marla Unger.

Before POSNER and EASTERBROOK, Circuit Judges, and TIMBERS, Senior Circuit Judge.

POSNER, Circuit Judge.

A bankrupt partnership, Elkhart City Centre, appeals the dismissal, for failure to plead fraud with the particularity required by Fed. R.Civ.P. 9(b), of its common law fraud action against a bank (Midwest Commerce) and a law firm (Warrick, Weaver & Boyn). There is more to the case but nothing else that bears on our decision. The defendants argue that if we disagree with the district judge's pleading ground we should decide the case in their...

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