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NATIONAL CAN CO. v. VINYLEX CORP.

No. 87 C 3245.

687 F.Supp. 375 (1988)

NATIONAL CAN COMPANY, a Delaware corporation, Plaintiff, v. VINYLEX CORPORATION, a Tennessee corporation, Defendant.

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

May 26, 1988.

Attorney(s) appearing for the Case

Timothy A. Weaver, Samuel B. Isaacson, Pretzel & Stouffer, Chtd., Chicago, Ill., for plaintiff.

Dan Boho, Daniel McGrath, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

Plaintiff National Can Company ("National") brought a six-count complaint against defendant Vinylex Corporation ("Vinylex"). The dispute between the parties arose from National's purchase from Vinylex of an allegedly defective product. Jurisdiction is proper under 28 U.S.C. sec. 1332. Before the Court is Vinylex's motion to dismiss Count VI of the complaint, in which National asserts a claim for implied...

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