AMERICAN NAT. BANK AND TRUST CO. OF CHICAGO v. ALLMERICA FIN. LIFE INS. AND ANNUITY CO.

No. 02 C 5251.

304 F.Supp.2d 1009 (2003)

AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee f/b/o Emerald Investments Limited Partnership, and Emerald Investments Limited Partnership, an Illinois partnership, Plaintiffs, v. ALLMERICA FINANCIAL LIFE INSURANCE AND ANNUITY COMPANY, Defendant.

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

December 12, 2003.


Attorney(s) appearing for the Case

Charles S. Bergen, George Robert Dougherty, Peter S. Roeser, Grippo & Elden, Michael B. Sachs, Sonnenschein, Nath & Rosenthal, LLP, Chicago, IL, for Plaintiffs.

Steven Samuel Scholes, Paul Evans Chronis, Jeffrey A. Rossman, Shana Beth Wintroub, McDermott, Will & Emery, Alan Scott Gilbert, Sonnenschein, Nath & Rosenthal, LLP, Mark W. Schroeder, Donna B. More, More Law Group, Chicago, IL, for Defendant.


MEMORANDUM OPINION

GRADY, District Judge.

Before the court are two motions: (1) plaintiffs' motion to dismiss defendant's counterclaim; and (2) plaintiffs' motion for summary judgment. For the reasons explained below, the motion to dismiss is granted, and the motion for summary judgment is granted in part and denied in part.

BACKGROUND

The undisputed facts of this case, except where noted, are as follows. Plaintiff Emerald...

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