GATEWAY ASSOCIATES, INC. v. ESSEX-COSTELLO, INC.

No. 74 C 1185.

380 F.Supp. 1089 (1974)

GATEWAY ASSOCIATES, INC., a corp., et al., Plaintiffs, v. ESSEX-COSTELLO, INC., a corporation, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

August 28, 1974.


Attorney(s) appearing for the Case

Ronald L. Futterman, Pressman & Hartunian, Chicago, Ill., for plaintiffs.

Eugene L. Resnick, and R. W. Hillsberg, Chicago, Ill., Paul W. Meinhardt, and John D. Kightlinger, Arlington Heights, Ill., Franz & Franz, Crystal Lake, Ill., Henry A. Preston and Dale R. Crider, Sidley & Austin, Jenner & Block, Chicago, Ill., Mark. J. Muscarello, Elgin, Ill., for defendants.


MEMORANDUM OPINION

AUSTIN, District Judge.

This antitrust action is presently before the Court on the following defense motions: (1) to dismiss Counts I and II (Sherman Act Claims) for lack of subject-matter jurisdiction; (2) to dismiss Counts III through V (state antitrust and common law tort claims) for lack of pendent jurisdiction; (3) to strike Counts IV and V as being improperly joined; (4) to join two persons as indispensable parties defendant or else...

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