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Dennis Chase Fraud Appeal Denied Hole in One Clearing House

CHICAGO DOWNS ASSOCIATION, INC., PLAINTIFF-APPELLEE, v. DENNIS R. CHASE, DOING BUSINESS AS SPORTS ACHIEVEMENTS ASSOCIATION,
DEFENDANT-APPELLANT.

Nos. 90-2078, 90-2672. United States Court of Appeals, Seventh Circuit.

Argued May 17, 1991. Decided September 26, 1991.

Thomas D. Nash, Jr. (argued), Nash Lalich, Chicago, Ill., for plaintiff-appellee.

Wayne F. Plaza (argued), Edward Dismukes, Rooks, Pitts Poust, Chicago, Ill., for defendant-appellant. Appeal from the United States District Court for the Northern District of Illinois.

Before COFFEY, MANION and KANNE, Circuit Judges.


MANION, Circuit Judge.

Dennis R. Chase appeals the district court's entry of summary judgment against him in a breach of contract action brought by Chicago Downs Association, Inc. Chicago Downs owns and operates a parimutuel horse racing track in Illinois. Chase had sold Chicago Downs what is in essence risk insurance, protecting the race track from loss in the event the track had not collected a sufficient amount of funds to cover the guaranteed payout of $50,000 to the winner of a multiple race wager called the "Super Bet." Chicago Downs filed suit, and, during the course of this case, submitted a variety of other motions and memoranda, finally filing a motion for summary judgment. Chase's attorney, Thomas J. Royce, repeatedly failed to file responsive pleadings, communicate with opposing counsel, or attend status conferences or prove-ups. Summary judgment was entered against Chase for $136,807 plus costs. The court also permitted Chicago Downs to register its judgment in Chase's domicile of California to forestall purposeful asset liquidation.

Chase appeals, claiming he should be spared from the default entry of summary judgment that resulted from Attorney Royce's apparent negligence. He furthermore insists that there are insufficient *367 facts to support a registration of the judgment in California.

We affirm the district court in all respects.

Continued...




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