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CWCAPITAL ASSET MANAGEMENT v. CHICAGO PROPERTIES

No. 09-3506.

610 F.3d 497 (2010)

CWCAPITAL ASSET MANAGEMENT, LLC, Plaintiff-Appellant, v. CHICAGO PROPERTIES, LLC, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 2010.

Attorney(s) appearing for the Case

Gregory A. Cross (argued), Venable LLP, Baltimore, MD, for Plaintiff-Appellant.

Timothy P. Donohue, Barrington, IL, Howard L. Teplinsky (argued), Beerman Swerdlove LLP, Chicago, IL, for Defendants-Appellees.

Joe R. McCray, Portland, OR, pro se.

Before EASTERBROOK, Chief Judge, and POSNER and EVANS, Circuit Judges.

POSNER, Circuit Judge.

This appeal in a dispute over a commercial mortgage requires us to decide whether the plaintiff is entitled to bring this suit in its own name, and also presents issues of contract interpretation under Illinois law. The plaintiff (and appellant), CWCapital, is a mortgage servicer; the defendants (and appellees) are Chicago Properties, which is a commercial landlord and the mortgagor (that is, the borrower); its owners, who are guarantors of...

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