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COGSWELL v. CITIFINANCIAL MORTG. CO., INC.

No. 08-2153.

624 F.3d 395 (2010)

Patrick L. COGSWELL and Patrick M. O'Flaherty, doing business as The Patrick Group, Plaintiffs-Appellants, v. CITIFINANCIAL MORTGAGE COMPANY, INCORPORATED, successor by merger to Associates Finance, Incorporated, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 5, 2010.

Attorney(s) appearing for the Case

Vincent C. Mancini (argued), Ekl & Williams, Lisle, IL, for Plaintiffs-Appellants.

K.J. Miller (argued), Dykema, Ann Arbor , MI, for Defendant-Appellee.

Before FLAUM, RIPPLE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

CitiFinancial Mortgage assigned its interest in a mortgage to two investors— doing business as "The Patrick Group"— but never delivered the original or a copy of the underlying note. When The Patrick Group tried to foreclose on the mortgage in Illinois state court, its action was dismissed because it could not produce the note. After an unsuccessful appeal, The Patrick Group filed this breach-of-contract lawsuit against CitiFinancial...

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