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WINGET v. JP MORGAN CHASE BANK, N.A.

No. 07-1657.

537 F.3d 565 (2008)

Larry J. WINGET and the Larry J. Winget Living Trust, Plaintiffs-Appellants, v. JP MORGAN CHASE BANK, N.A., JP Morgan Chase & Co., Black Diamond Commercial Finance, LLC, and Black Diamond Capital Management Living Trust, LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 11, 2008.

Attorney(s) appearing for the Case

ARGUED: John E. Anding, Drew, Cooper & Anding, Grand Rapids, Michigan, for Appellants. R. Ryan Stoll, Skadden, Arps, Slate, Meagher & Flom, Chicago, Illinois, Melville W. Washburn, Sidley Austin, Chicago, Illinois, for Appellees. ON BRIEF: John E. Anding, Thomas V. Hubbard, Drew, Cooper & Anding, Grand Rapids, Michigan, for Appellants. R. Ryan Stoll, Andrew J. Jarzyna, Patrick J. Nash, Jr., Skadden, Arps, Slate, Meagher & Flom, Chicago, Illinois, Melville W. Washburn, Matthew A. Clemente, Kevin C. Pecoraro, Brian D. Rubens, Sidley Austin, Chicago, Illinois, for Appellees.

Before: RYAN, SILER, and COLE, Circuit Judges.

OPINION

SILER, Circuit Judge.

Through a series of transactions and agreements between 1999 and 2002, Defendants JP Morgan Chase Bank, N.A., and JP Morgan Chase & Co. (collectively, "JP Morgan"), served as the agent for a consortium of lenders that advanced credit to Venture Holdings Company, LLC ("Venture"), which was owned by Plaintiffs Larry J. Winget and the Larry J. Winget Living Trust (collectively, "Winget"). In 2002, JP Morgan and Winget executed...

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