Legal Opinion
Atlantic Ltd. Partnership-XI v. John Hancock Mutual Life Insurance
District Court, E.D. Michigan
Decided January 28, 2000No. 5:99-cv-60277Published
1Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
HACKETT, District Judge.
Before the court is an action involving the enforcement of a prepayment premium provision contained in a mortgage note drafted by defendant to ensure payment of its $26,753,447.47 loan to plaintiff. Plaintiff claims that the prepayment premium was unreasonable and unenforceable and that defendant breached the implied covenant of good faith and fair dealing. Both parties have filed motions for summary judgment.
Facts
The facts of this case are not in dispute. On…
2Cases cited20 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Lavaughn Booker v. Brown & Williamson Tobacco Co., Inc.Court of Appeals for the Sixth Circuit · 1989
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