HM HOLDINGS INC. v. RANKIN

No. 94-3533.

70 F.3d 933 (1995)

HM HOLDINGS, INCORPORATED, Plaintiff-Appellee, v. Sharyn L. RANKIN, as Personal Representative of the Estate of Robert S. Rankin, Deceased, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 14, 1995.


Attorney(s) appearing for the Case

Gerald B. Lurie, Janice Duban (argued), Rudnick & Wolfe, Chicago, IL, Daniel W. Glavin, Andrew J. Fetsch, Beckman, Kelly & Smith, Hammond, IN, for Plaintiff-Appellee.

William J. Moran (argued), Leonard M. Holajter, Blackmun, Bomberger & Moran, Highland, IN, for Defendant-Appellant.

Before CUMMINGS, FLAUM and MANION, Circuit Judges.


CUMMINGS, Circuit Judge.

In September 1990 plaintiff HM Holdings, Inc. ("Seller") filed a complaint in the district court to foreclose a land contract between its predecessor and Robert S. Rankin ("Buyer").1 After the Buyer filed an answer and counterclaim in October 1990, Seller moved to dismiss the counterclaim and for entry of judgment on the pleadings. In August 1992 the district court granted Seller's motions but also simultaneously...

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