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RECREATION SERVICES, INC. v. ODYSSEY FUN WORLD, INC.

No. 96 C 6259.

952 F.Supp. 594 (1997)

RECREATION SERVICES, INC., Plaintiff, v. ODYSSEY FUN WORLD, INC., Odyssey Fun World Limited Partnership, and Inter-Continental Real Estate & Development Corp., Defendants.

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

February 3, 1997.

Attorney(s) appearing for the Case

Jerome Gilson, Jonathan E. Retsky, Philip Andrieus Jones, Brinks, Hofer, Gilson & Lione, Chicago, IL, for Plaintiff.

Edward P. Freud, Dean J. McElroy, Ruff, Weidenaar & Reidy, Ltd., Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

In this service mark infringement case Odyssey Fun World, Inc., Odyssey Fun World Limited Partnership and Inter-Continental Real Estate & Development Corp. (collectively "Odyssey") have moved under Fed. R.Civ.P. ("Rule") 9(b) and Rule 12(b)(6) to dismiss Count V of the Complaint filed against them by Recreation Services, Inc. ("Recreation"). That count is advanced under Section 2 of the Illinois...

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