RIVER EAST PLAZA v. VARIABLE ANNUITY LIFE INS.

No. 06-3856.

498 F.3d 718 (2007)

RIVER EAST PLAZA, L.L.C., formerly known as MCL Clybourn Square South, L.L.C., Plaintiff-Appellee, v. The VARIABLE ANNUITY LIFE INSURANCE COMPANY, Defendant-Third Party Plaintiff-Appellant, v. Daniel E. McLean, Third Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 2007.


Attorney(s) appearing for the Case

Arthur M. Holtzman (argued), Pedersen & Houpt, Chicago, IL, for Plaintiff-Appellee.

George Eric Brunstad, Jr. (argued), Bingham McCutchen, Hartford, CT, for Defendant-Appellant.

Before CUDAHY, KANNE, and WOOD, Circuit Judges.


KANNE, Circuit Judge.

This diversity case involves a loan used to finance a significant commercial real estate development. When the borrower sold the property and pre-paid the loan, it balked at paying a "prepayment fee" according to the terms of the note. The borrower eventually paid the fee, subject to a reservation of rights, and sued the lender. After a bench trial, the district court entered judgment in favor of the borrower and the lender now appeals. For the...

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