BKCAP, LLC v. CAPTEC FRANCHISE TRUST 2000-1

Nos. 08-3239, 08-4038.

572 F.3d 353 (2009)

BKCAP, LLC, Graycap, LLC, and Swcap, LLC, Plaintiffs-Appellants, v. CAPTEC FRANCHISE TRUST 2000-1, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 2009.

As Amended August 5, 2009.


Attorney(s) appearing for the Case

Mark D. Boveri, Patrick D. Murphy (argued), Boveri Murphy Rice, South Bend, IN, for Plaintiffs-Appellants.

David L. Swanson (argued), Lock Lord Bissell & Liddell, Dallas, TX, Bernard E. Edwards, Jr., Anderson, Agostino & Keller, South Bend, IN, for Defendant-Appellee.

Before BAUER, SYKES, and TINDER, Circuit Judges.


TINDER, Circuit Judge.

This case demonstrates that even experienced, sophisticated business entities can encounter difficulty when drafting carefully negotiated loan documents. Since July 2007, the plaintiffs and the defendant have been at loggerheads over the meaning of just a handful of lines out of several hundred in their five-page, single-spaced Note. Unfortunately, this appeal cannot bring their stalemate to an end, and more litigation lies ahead. However, while...

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