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FIVE MILE CAPITAL v. BERKADIA COMMERCIAL

Docket No. 1-12-2812.

983 N.E.2d 95 (2012)

2012 IL App (1st) 122812

367 Ill. Dec. 941

FIVE MILE CAPITAL WESTIN NORTH SHORE SPE, LLC, Plaintiff-Appellant, v. BERKADIA COMMERCIAL MORTGAGE, LLC; Inland American Wheeling Loan Investment, LLC; and U.S. Bank National Association, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

December 24, 2012.

Attorney(s) appearing for the Case

Brian L. Shaw , Terence G. Banich , and Kevin M. Hyde , all of Shaw Fishman Glantz & Towbin LLC, of Chicago, for appellant.

John Robert Weiss , Richard P. Darke , and Elinor L. Hart , all of Duane Morris LLP, of Chicago, for appellee Berkadia Commercial Mortgage, LLC.

William J. McKenna, Jr. , and Thomas C. Hardy , both of Foley & Lardner LLP, of Chicago, for appellee Inland American Wheeling Loan Investment, LLC.

OPINION

Justice CONNORS delivered the judgment of the court, with opinion.

¶ 1 Plaintiff Five Mile Capital Westin North Shore SPE, LLC, brought this action seeking, among other things, an injunction against the sale of a multimillion dollar property. The circuit court denied Five Mile's request for a preliminary injunction, and we affirm.

¶ 2 This is a simple case about an investment gone wrong. The Westin North Shore is a hotel located...

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