ROBERTS v. CHEMLAWN CORP.

No. 88 C 7272.

716 F.Supp. 364 (1989)

Elyse ROBERTS, Plaintiff, v. CHEMLAWN CORPORATION, et al., Defendants.

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

June 29, 1989.


Attorney(s) appearing for the Case

William Schur, Chicago, Ill., and Bertram M. Goldstein and Robert J. Weltchek, Goldstein, Weltchek & Associates, Baltimore, Md., for plaintiff.

Mark L. Karasik, Baker & McKenzie, Chicago, Ill., and Michael K. Yarbrough, Porter, Wright, Morris & Arthur, Columbus, Ohio, for defendants.


MEMORANDUM AND ORDER

MORAN, District Judge.

We rule herein on defendant Chemlawn Corporation's (Chemlawn) motion to dismiss, or, in the alternative, to stay proceedings. Defendant invokes the doctrines of primary jurisdiction and the exhaustion of administrative remedies requirement. We recognize that plaintiff's suit involves issues best determined by an administrative agency but nonetheless choose not to stay these proceedings.

FACTS

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