Legal Opinion

Midcap Funding XLII Trust v. Birch Hill Real Estate, LLC

District Court, E.D. Wisconsin

Decided July 19, 2019No. 1:19-cv-00376Unknown

1Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN MIDCAP FUNDING XLII TRUST, Plaintiff, v. Case No. 19-C-376 BIRCH HILL REAL ESTATE, LLC, et al., Defendants. DECISION AND ORDER DENYING MOTION TO DISMISS Plaintiff MidCap Funding XLII Trust (MidCap) filed this foreclosure action under the court’s diversity jurisdiction, 28 U.S.C. § 1332, on March 13, 2019. MidCap seeks to foreclose on mortgages encumbering real property owned by Defendants,1 a group of limited liability companies that lease the mortgaged property to be operated by Atrium Health and Senior Living (the Atrium Tenants) as…

2Cases cited23 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Hanson v. DencklaSupreme Court of the United States · 1958
  3. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  4. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  5. Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939

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