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ARGUED APRIL 6, 2010

Before KANNE, ROVNER, and TINDER, Circuit Judges.

This consolidated case comes to us on appeals from the district court’s grants of summary judgment in favor of the plaintiff-appellee, John W. Costello, Litigation Trustee under the Comdisco Litigation Trust, and against defendants-appellants in an action to enforce certain promissory notes. We originally issued an opinion on October 18, 2010, affirming in part and vacating in part. Defendants-appellants filed a petition for panel rehearing, and we requested an answer, which was filed. By separate order we granted the petition and vacated the October 18, 2010 opinion and final judgment. For the reasons that follow, we vacate the grants of sum-mary judgment in favor of the Trustee and remand for further proceedings consistent with this opinion.

 
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