Home Savings Ass'n v. State Bank of Woodstock

MEMORANDUM AND ORDER

MORAN, Chief Judge.

Before the court are motions by Home Savings Association of Kansas City, F.A. (“Home Savings”) and Mid-Continent Builders, Inc. (“Mid-Continent”) to dismiss certain counts of a counter and cross-claim filed by Wilbert J. Hanke, John H. Curran, and William M. Franz, and William M. Franz as Trustee of a trust deed. For the reasons stated herein, this court grants Home Savings’ motion but denies that of Mid-Continent.

BACKGROUND

This case arises out of the financing for and construction of the Crystal Lake Holiday Inn, built in McHenry County, Illinois.…