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GIDWITZ v. STIRCO, INC.

No. 84 C 1126.

646 F.Supp. 825 (1986)

Gerald S. GIDWITZ and Mixco, Inc., Plaintiffs, v. STIRCO, INC., Leroy Stirling and Donald Stirling, Defendants. STIRCO, INC., Leroy Stirling and Donald Stirling, Third-Party Plaintiffs, v. James GIDWITZ, Gerald Gidwitz and Mixco, Inc., Third-Party Defendants.

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

As Amended Nunc Pro Tunc October 31, 1986.

Attorney(s) appearing for the Case

Theodore W. Anderson, William Frankel, Roger Stein, Neuman, Williams, Anderson & Olson, Chicago, Ill. (also representing third-party defendants), Marc H. Pullman, Principe & Pullman, P.C., Chicago, Ill., for plaintiffs.

Thomas C. Elliott, Jr., McDougall, Hersh & Scott, Chicago, Ill., Michael G. Voorhees, Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, Iowa, for defendants.

Memorandum

LEIGHTON, Senior District Judge.

This litigation arose out of a contract dispute. The cause is before the court on three motions: (1) by defendants for summary judgment on Count I of the amended complaint; (2) by third-party defendant James Gidwitz for summary judgment on the third-party complaint; and (3) by counterplaintiffs to join Coster Company as a counterdefendant.

I

In early 1982, plaintiff Gerald Gidwitz wrote letters...

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