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UNGARO v. ROSALCO, INC.

No. 96 C 3244.

948 F.Supp. 783 (1996)

Susan UNGARO, as Special Administrator of the Estate of Shane Ungaro, deceased, Plaintiff, v. ROSALCO, INC., an Indiana corporation, and Fingerhut Corporation, a Minnesota corporation, Defendants.

United States District Court, N.D. Illinois.

December 4, 1996.

Attorney(s) appearing for the Case

Rick M. Schoenfield, Kimberlee Massin, Schoenfield & Swartzman, Chicago, IL, Mark S. Stein, Skokie, IL, for Susan Ungaro.

William Edward Spizzirri, Michael James Mullen, Kralovec, Marquard, Doyle & Gibbons, Chicago, IL, for Rosalco, Inc.

Mark D. Johnson, John W. Bell, Johnson & Bell, Ltd., Chicago, IL, for Fingerhut Corp.

MEMORANDUM OPINION

KOCORAS, District Judge:

This matter is before the court on defendant Fingerhut Corporation's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and 735 ILCS 5/2-621 of the Illinois Code of Civil Procedure. For the reasons discussed below, the defendant's motion is granted.

BACKGROUND

The plaintiff, Susan Ungaro ("Ungaro" or "Plaintiff") brought negligence and strict product liability...

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