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INVESTMENT 9725 v. BANKERS UNITED LIFE ASSUR. CO.

No. 01-C-1110.

292 F.Supp.2d 1140 (2003)

INVESTMENT 9725, a Wisconsin general partnership, Plaintiff, v. BANKERS UNITED LIFE ASSURANCE CO., n/k/a Life Investors Insurance Company of America, an Iowa corporation, Defendant. Bankers United Life Assurance Co., n/k/a Life Investors Insurance Company of America, an Iowa corporation, Counterplaintiff, v. Investment 9725, a Wisconsin general partnership, Counterdefendant.

United States District Court, E.D. Wisconsin.

September 30, 2003.

Attorney(s) appearing for the Case

Gregory I. Devorkin, Scott B. Fleming, Weiss Berzowski Brady & Donahue, Milwaukee, WI, for Plaintiff.

Laura E. Schuett, Cook & Franke, Milwaukee, WI, Michael W. Drumke, Steven M. Hartmann, Freeborn & Peters, Chicago, IL, for Defendant.

ORDER

STADTMUELLER, District Judge.

The parties in this case disagree as to the proper interpretation of a clause in a mortgage note ("Note") which requires the plaintiff/counterdefendant Investment 9725 to pay a prepayment penalty. Defendant/counterplaintiff Life Investors Insurance Company of America, formerly known as Bankers United Life Assurance Company ["Life Investors"], determined that the penalty was $252,575, but the plaintiff argues that the penalty...

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