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ITT COMMERCIAL FINANCE v. UNLIMITED AUTOMOTIVE

No. 92 C 1059.

166 B.R. 637 (1994)

ITT COMMERCIAL FINANCE CORP., a Nevada corporation, Plaintiff, v. UNLIMITED AUTOMOTIVE, INC., d/b/a Fox Valley R.V., an Illinois corporation, Bank One Milwaukee, N.A., a federally chartered banking association, and Richard Messenger, Defendants. CHRYSLER FIRST COMMERCIAL CORPORATION, a Pennsylvania corporation, Intervenor, v. UNLIMITED AUTOMOTIVE, INC., d/b/a Fox Valley R.V., an Illinois corporation, and Everett J. Hiller, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

April 1, 1994.

Attorney(s) appearing for the Case

Daniel John Voelker, Peter C. Woodford, James L. Curtis, Christopher V. Langone, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for ITT Commercial Finance Corp.

Douglas Allan Lindsay, Blake T. Lynch, Michele K. Parthum, Lewis, Overbeck & Furman, Chicago, IL, for Bank One.

MEMORANDUM OPINION AND ORDER

GOTTSCHALL, United States Magistrate Judge.

This matter is before the court on the parties' cross-motions for summary judgment. For the reasons set forth below, plaintiff's motion is granted and defendants' motion is denied.

BACKGROUND

The subject of this dispute is a 1986 Airstream motor home. On August 10, 1989, Edward Darby ("Darby") purchased the vehicle...

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