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KEMMERER v. JOHN D. & CATHERINE T. MacARTHUR FOUN.

No. 84 C 0386.

594 F.Supp. 121 (1984)

Leslie KEMMERER, d/b/a Sun Belt Industries, Inc., a California corporation, Plaintiff, v. The JOHN D. & CATHERINE T. MacARTHUR FOUNDATION, an Illinois Not-for-Profit corporation; A.G. Becker Paribas, Inc.; First Winthrop Corporation; John Corbally; and William T. Kirby, individually and as directors/trustees; and David Murdock, individually, Defendants.

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

June 25, 1984.

Attorney(s) appearing for the Case

Robert M. Grossman, Donald G. Mulack/Philip V. Martino, Keck, Mahin & Cate, Chicago, Ill., for plaintiff.

Jay Erens, William E. Rattner, David H. Nadoff, Levy & Erens, Paul P. Biebel, Jr., Christine Rosso, Asst. Attys. Gen., Chicago, Ill., for defendants.

MEMORANDUM ORDER

ASPEN, District Judge.

Defendant The John D. & Catherine T. MacArthur Foundation's motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted is granted.

Because plaintiff has voluntarily dismissed Count II, Count I is the only remaining portion of the complaint. Plaintiff asserts that Count I, though "admittedly...

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