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Sahadi v. Continental Illinois National Bank and Trust Co.

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


June 1, 1983

FRED N. SAHADI AND HELEN SAHADI, INDIVIDUALLY AND AS ASSIGNEES OF THE CLAIMS OF THE TRUSTEE OF GREAT LAKES AND EUROPEAN LINES, INC., BANKRUPT, PLAINTIFFS-APPELLANTS,
v.
CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION, DEFENDANT-APPELLEE.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

Before

Hon. HARLINGTON WOOD, JR., Circuit Judge

Hon. JESSE ESCHBACH, Circuit Judge

Hon. WALTER HOFFMAN, Senior District Judge*fn*

Order

On consideration of the petition for rehearing and suggestion for rehearing en banc filed in the above-entitled cause by the defendant-appellee, no judge in active service*fn** has requested a vote on the suggestion for rehearing en banc and all of the judges on the original panel have voted to deny a rehearing. Accordingly,

IT IS ORDERED that the aforesaid petition for rehearing be, and the same is hereby, DENIED.

In addition, the opinion in the above-entitled cause is hereby amended as follows:

1. On page 7, line 1, the word "equities should be replaced by "circumstances."

2.On page 9, footnote 2, line 8, the words "common sense equity" should be replaced by "materiality."

3. On page 10, line 1, the word "equitable" should be omitted.

4. On page 10, in the second full paragraph, line 14, the words "and equitable" should be omitted.

5. On page 11, footnote 3, line 2, the word "equitable" should be omitted.

6. On page 12, line 4, the word "equitable" should be omitted.

7. On page 12, line 18, the words "strong equitable" should be replaced by "materiality."

8. On page 12, footnote 3, line 19, the word "equitable" should be omitted.

9. On page 13, footnote 4, line 19, the word "equitable" should be replaced by "materiality."


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