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MATTER OF FBN FOOD SERVICES, INC.

Nos. 95-2099, 95-2954.

82 F.3d 1387 (1996)

In the Matter of FBN FOOD SERVICES, INC., Debtor. River Bank America, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 1996.

Rehearing Denied May 17, 1996.

Attorney(s) appearing for the Case

Louis W. Levit (argued), Leslie D. Locke, Brian L. Shaw, Ross & Hardies, Chicago, IL, Ralph A. Siciliano, Vincent J. Syracuse, John P. Curran, David A. Pellegrino, Newman, Tannenbaum, Helpern, Syracuse & Hirschtritt, New York City, for River Bank America in No. 95-2099.

Kenneth E. Marcus (argued), James E. Carmel, Carmel & Marcus, Chicago, IL, for James E. Carmel, Trustee in No. 95-2099.

Michael K. Desmond, Chicago, IL, for M. Scott Michel, United States Trustee.

Stephen T. Bobo, David A. Newby (argued), D'Ancona & Pflaum, Chicago, IL, for SIG Food Services Associates.

Kenneth E. Marcus, James E. Carmel, Carmel & Marcus, Chicago, IL, for FBN Food Services Incorporated.

Louis W. Levit (argued), Leslie D. Locke, Brian L. Shaw, Ross & Hardies, Chicago, IL, Ralph A. Siciliano, Vincent J. Syracuse (argued), Newman, Tannenbaum, Helpern, Syracuse & Hirschtritt, New York City, for River Bank America in No. 95-2954.

Donald C. Shine, John K. Kneafsey (argued), Gregory C. Ward, Nisen & Elliott, Chicago, IL, for James E. Carmel, Trustee in No. 95-2954.

Before POSNER, Chief Judge, and CUMMINGS and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

During the 1980s River Bank America lent more than $7 million to SIG Food Services Associates (SFSA), to finance SFSA's purchase of equipment for a group of Sizzler Family Steakhouses. SFSA leased the equipment to FBN Food Services, Inc., which operated the restaurants. SFSA and FBN had common equity owners: SIG Partners, Quest Equities Corp. (a subsidiary of River Bank), and Anthony Basile. SFSA later borrowed $6.5 million from American...

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