STEPHEN & HAYES CONST., INC. v. MEADOWBROOK HOMES, INC.

No. 97 C 4053.

988 F.Supp. 1194 (1998)

STEPHEN & HAYES CONSTRUCTION, INC., Plaintiff, v. MEADOWBROOK HOMES, INC., Defendant.

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

January 5, 1998.


Attorney(s) appearing for the Case

Patricia Mary Fennell, Joseph Patrick Berglund, Stanley E. Niew, Kathleen I. Niew, Niew & Associates, P.C., Oakbrook, IL, for Plaintiff.

Travis Gary Maisel, Jay Stephen Dobrutsky, Moore & Maisel, Chicago, IL, Martin A. Kanofsky, Joseph R. Ramos, Anne M. O'Brien, Merlo, Kanofsky & Brinkmeier, Ltd., Chicago, IL, for Defendant.


MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

This matter is before the court on defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and, alternatively, defendant's motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).

The motion is granted in part and denied in part.

I. BACKGROUND

Both parties are designers and builders of residential...

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