JOHNSTONE v. FIRST BANK SYSTEM, INC.

No. 95 C 2008.

947 F.Supp. 1220 (1996)

Robert JOHNSTONE, derivatively on behalf of National Income Realty Trust, a California business trust, and John Pedjoe, derivatively on behalf of Transcontinental Realty Investors, Inc., a Nevada Corporation, Plaintiffs, v. FIRST BANK SYSTEM, INC., a bank holding company; First Bank National Association, a national banking association; a national banking association; First Bank (N.A.), a business entity; and FBS Business Finance Corporation, a business entity; and David J. Wabick, an individual, Defendants, and National Income Realty Trust, a California business trust; and Transcontinental Realty Investors, Inc., a Nevada Corporation, Nominal Defendants.

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

November 21, 1996.


Attorney(s) appearing for the Case

Jack L. Block, Lowell E. Sachnoff, Angela Youngsun Im, Sachnoff & Weaver, Ltd., Chicago, IL, Daniel B. Harris, George Donaldson, San Francisco, CA, for Robert Johnstone, John Pedjoe.

Michael B. Weininger, Lawrence Michael Karlin, Katz, Randall & Weinberg, Chicago, IL, Roger J. Magnuson, Todd C. Pearson, Brian E. Palmer, Dorsey & Whitney, Minneapolis, MN, for First Bank System, First Bank Nat'l Assn., FBS Business Finance Corp.

Barry J. Freeman, Highland Park, IL, for David J. Wabick.


MEMORANDUM OPINION AND ORDER

ANN CLAIRE WILLIAMS, District Judge.

Plaintiffs Robert Johnstone, on behalf of National Income Realty Trust ("NIRT"), and John Pedjoe, on behalf of Transcontinental Realty Investors, Inc. ("TCI"), bring this action against Defendants, First Bank System, Inc., First Bank National Association, First Bank, and FBS Business Finance Corporation ("FBS Entities") and David J. Wabick alleging violations of the anti-tying provisions...

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