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LAWYERS TITLE INS. CORP. v. DEARBORN TITLE CORP.

No. 94 C 3277.

22 F.Supp.2d 820 (1998)

LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, in its own behalf and as subrogee to certain claimants, Plaintiff, v. DEARBORN TITLE CORPORATION, an Illinois corporation, Eileen Rasulis, an individual, First Midwest Bank, N.A., a National Banking Corporation, and Nancy Freeman, an individual Defendants, and United Financial Mortgage Corp., Garnishee-Defendant.

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

September 29, 1998.

Attorney(s) appearing for the Case

Steven P. Handler, William Paul Schuman, David J. Dicker, McDermott, Will & Emery, Chicago, IL, Jonathan I. Flaum, Ross & Hardies, Chicago, IL, Corey B. Rubenstein, Stetler & Duffy, Ltd., Chicago, IL, for Lawyers Title Ins. Corp.

Craig M. White, Jennifer Kathryn Walter, Erin Leigh Bishop, Wildman, Harrold, Allen & Dixon, Chicago, IL, for First Midwest Bank, NA.

Ronald P. Kane, Michael Alan Kraft, Gomberg, Kane & Fischer, Ltd., Chicago, IL, for United Financial Mortgage Corp.

Craig M. White, Wildman, Harrold, Allen & Dixon, Chicago, IL, for First Midwest Bank, NA.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

On remand following the Court of Appeals decision in this case, both parties have filed motions for summary judgment. Garnishee-defendant United Financial Mortgage Corp.'s motion is considered first. United seeks summary judgment on the ground that Lawyers Title Insurance Corporation cannot recover under the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2601 et seq., both...

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