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APEX DIGITAL, INC. v. SEARS, ROEBUCK & CO.

No. 07-1019.

572 F.3d 440 (2009)

APEX DIGITAL, INC., Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 16, 2009.

Attorney(s) appearing for the Case

Sibhan M. Murphy, Attorney (argued), Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL, for Plaintiff-Appellant.

Natalie J. Spears, Attorney, John E. Walker (argued), Sonnenschein, Nath & Rosenthal, Chicago, IL, for Defendant-Appellee.

Before POSNER, RIPPLE, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Apex Digital sued Sears to collect an unpaid debt. Sears filed a motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), claiming that Apex lacked standing because it had assigned all of its rights in the debt to the CIT Group/Commercial Services, Inc. The district court agreed with Sears and granted its motion. We now affirm.

I. BACKGROUND

On July 24, 2006, Apex Digital brought...

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