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U.S. E.E.O.C. v. CATHOLIC KNIGHTS INS. SOCIETY

No. 94 C 5744.

915 F.Supp. 25 (1996)

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and Adetunji Adebayo, Plaintiffs, v. CATHOLIC KNIGHTS INSURANCE SOCIETY, Defendant.

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

February 16, 1996.

Attorney(s) appearing for the Case

Jean Powers Kamp, John C. Hendrickson, United States Equal Employment Opportunity Commission, Chicago, IL, June Wallace Carson, Equal Employment Opportunity Commission, Chicago, IL, for United States Equal Employment Opportunity Commission.

Howard P. Kamin, Randall B. Gold, Lawrence, Kamin, Saunders & Uhlenhop, Chicago, IL, for Adetunji A. Adebayo.

Barry A. Hartstein, Sidney I. Schenkier, Douglas Alan Graham, Laura A. Kaster, Jenner & Block, Chicago, IL, for Catholic Knights Insurance Society.

OPINION AND ORDER

NORGLE, District Judge:

Are insurance agents independent contractors? The parties ask the court to answer this question for them, in the form of a motion for summary judgment. Although filed pursuant to Federal Rule of Civil Procedure 56, the answer raises the specter of Federal Rule of Civil Procedure 12(b)(1) and speaks to the existence of subject matter jurisdiction. Once questioned, it is a plaintiff's burden to establish that...

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