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SERVPRO INDUSTRIES, INC. v. SCHMIDT

No. 94 C 5866.

905 F.Supp. 470 (1995)

SERVPRO INDUSTRIES, INC., Plaintiff, v. William W. SCHMIDT and Servpro of Arlington Heights/Naperville, Inc., Defendants/Counterclaimants, v. SERVPRO INDUSTRIES, INC., Randall Isaacson, Ted Isaacson, Robert Marshall, Susan Steen, Richard Forster, Ted Habermann, James O'Connor, and William Weber, Counterdefendants.

United States District Court, N.D. Illinois, Eastern Division.

October 3, 1995.

Attorney(s) appearing for the Case

Gary Mark Sircus, John E. Mitchell, Scott Alan Lefelar, Rudnick & Wolfe, Chicago, Illinois, for Plaintiff.

Wayne B. Giampietro, James Brian Dykehouse, Witwer, Burlage, Poltrock & Giampietro, Chicago, Illinois, for William Schmidt and Servpro of Arlington Heights/Naperville.

John Bell, Fairfax, Virginia, for Servpro of Arlington Heights/Naperville.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is counterdefendant William Weber's ("Weber") motion to dismiss Count VI of defendants/counterclaimants William W. Schmidt's and Servpro of Arlington Heights/Naperville, Inc.'s (collectively, "Schmidt"), third amended counterclaim pursuant to FED.R.CIV.P. 12(b)(6). As set forth fully below, the court denies Weber's motion to dismiss.

I. BACKGROUND

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