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NORTHWESTERN NAT. INS. CO. OF MILWAUKEE v. LUTZ

Nos. 95-1817, 95-1833.

71 F.3d 671 (1995)

NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, Plaintiff-Appellant, Cross-Appellee, v. Jerry LUTZ, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 1995.

Rehearing Denied January 3, 1996.

Attorney(s) appearing for the Case

Richard C. Ninneman (argued), Mitchell S. Moser, Quarles & Brady, Milwaukee, WI, James T. Ferrini, Imelda Terrazino, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, IL, for Northwestern National Insurance Company, Milwaukee, Wisconsin in No. 95-1817.

W. Mark Rasmussen (argued), Peoria, IL, for Lutz.

Richard C. Ninneman (argued), Mitchell S. Moser, Quarles & Brady, Milwaukee, WI, James T. Ferrini, Charles A. Gilmartin, Harvey R. Herman, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, IL, for Northwestern National Insurance Company, Milwaukee, Wisconsin in No. 95-1833.

Before CUMMINGS, RIPPLE and MANION, Circuit Judges.

CUMMINGS, Circuit Judge.

In June 1985, defendant Jerry Lutz signed various documents relating to the purchase of units of Plantation Oaks, a Texas limited partnership. The documents were used by Plantation Oaks to obtain a loan from the European American Bank ("Bank"), and to persuade the plaintiff, Northwestern National Insurance Company of Milwaukee, Wisconsin ("Northwestern"), to issue a financial guarantee bond to the Bank. Thereafter Lutz made no payments to...

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