Legal Opinion
Midwest Commerce Banking Co. v. Elkhart City Centre
Court of Appeals for the Seventh Circuit
Decided September 9, 1993No. 92-2966PublishedCited by 56 opinions
1Opinion of the Court
POSNER, Circuit Judge.
A bankrupt partnership, Elkhart City Cen-tre, appeals the dismissal, for failure to plead fraud with the particularity required by Fed. R.Civ.P. 9(b), of its common law fraud action against a bank (Midwest Commerce) and a law firm (Warrick, Weaver & Boyn). There is more to the case but nothing else that bears on our decision. The defendants argue that if we disagree with the district judge’s pleading ground we should decide the case in their favor on the merits. We do, and shall. Reed v. AMAX Coal Co., 971 F.2d 1295, 1298 (7th Cir.1992) (per curiam).
In 1979 Elkhart had…
2Cases cited24 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Fed. Sec. L. Rep. P 95,228 Rocco Dileo and Louise Dileo v. Ernst & YoungCourt of Appeals for the Seventh Circuit · 1990
- Bankers Trust Company v. Daniel Rhoades, Herman Soifer and Milton BratenCourt of Appeals for the Second Circuit · 1988
- Bankers Trust Company, Cross-Appellee v. Old Republic Insurance Company, Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1992
- UniQuality, Inc. v. Infotronx, Inc.Court of Appeals for the Seventh Circuit · 1992
19 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Tatum C. Singletary v. Continental Illinois National Bank and Trust Company of ChicagoCourt of Appeals for the Seventh Circuit · 1993
- George E. Hemenway v. Peabody Coal Company and Peabody Development CompanyCourt of Appeals for the Seventh Circuit · 1998
- Sound of Music Co. v. Minnesota Mining and Manufacturing Co.Court of Appeals for the Seventh Circuit · 2007
- John P. Kennedy v. Venrock AssociatesCourt of Appeals for the Seventh Circuit · 2003
- Verna Emery, on Behalf of Herself and All Others Similarly Situated v. American General Finance, IncorporatedCourt of Appeals for the Seventh Circuit · 1996
51 more not listed; retrieve them via the Exa API.