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  5. 985 F.Supp. 827 (1997)
 

COMBINED METALS OF CHICAGO LTD. PARTNERSHIP v. AIRTEK, INC.

No. 97 C 6071.

985 F.Supp. 827 (1997)

COMBINED METALS OF CHICAGO LIMITED PARTNERSHIP, Plaintiff, v. AIRTEK, INC., Defendant.

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

December 2, 1997.

Attorney(s) appearing for the Case

Joel S. Feldman, Kerry Alan Miller, Sachnoff & Weaver, Ltd., Chicago, IL, for Plaintiff.

Steven P. Rouse, Perry C. Rocco, Robert A. Glaves, Menges, Mikus & Molzahn, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

This cause is before the court on plaintiff's motion to dismiss defendant's counterclaim pursuant to Federal Rule of Civil Procedure 12.

The motion is granted in part and denied in part.

I. BACKGROUND

Plaintiff Combined Metals of Chicago Limited Partnership ("Combined Metals") is in the business of supplying and fabricating

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