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HOTEL 71 MEZZ LENDER v. NATIONAL RETIREMENT FUND

No. 14-2034.

778 F.3d 593 (2015)

HOTEL 71 MEZZ LENDER LLC, a Delaware limited liability company, et al., Plaintiffs/Counter-Defendants-Appellees, v. The NATIONAL RETIREMENT FUND, Defendant/Counter-Claimant-Appellant, and The Trustees of the National Retirement Fund, Counter-Claimant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 2015.

Attorney(s) appearing for the Case

Christopher Brennan Wilson , Attorney, Daniel A. Zazove , Attorney, Perkins Coie LLP, Chicago, IL, for Plaintiff-Appellee.

Holly H. Weiss , Attorney, Ronald E. Richamn , Schulte, Roth & Zabel, New York, NY, Jeremy M. Barr , Attorney, Dowd, Bloch & Bennett, Chicago, IL, for Defendant-Appellant.

Before BAUER, ROVNER, and TINDER, Circuit Judges.

The price a litigant pays for filing a flawed or unconvincing motion for summary judgment ordinarily is denial of the motion, not loss of the case. But the district court in this case appears to have treated the lack of sufficient evidentiary support for the motion as a reason to enter summary judgment against the movant....

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