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CATHY'S TAP, INC. v. VILLAGE OF MAPLETON

No. 98-1303.

65 F.Supp.2d 874 (1999)

CATHY'S TAP, INC., d/b/a Shooter's; Enc, Inc., d/b/a Shooter's Gentleman's Club, Plaintiff, v. VILLAGE OF MAPLETON, an Illinois Municipal Corporation; Ken Odewalt, individually and in his official capacity as Mayor and Liquor Control Commissioner of the Village of Mapleton; Carol Brockway; Larry Daily; Richard Herold; Kevin Hess; Marshall Leaper; John Monks; and James Phillips, in their official capacities as members of the Liquor Control Commission of the Village of Mapleton, Defendants.

United States District Court, C.D. Illinois.

September 24, 1999.

Attorney(s) appearing for the Case

John H. Bisbee, Law Office of John Bisbee, Bushnell, IL, for plaintiff.

James G. Sotos, Dana M. Shannon, Jason W. Rose, Melissa A. Miroballi, Hervas Sotos Condon & Bersani, Itasca, IL, for defendants.

ORDER

MIHM, District Judge.

This matter is before the Court on Defendants' Motion to Dismiss Counts I, II, and IV of the Third Amended Complaint and Motion to Dismiss Count III of the Third Amended Complaint. For the reasons stated herein, the Motion to Dismiss Counts I, II, and IV is GRANTED IN PART and DENIED IN PART, and the Motion to Dismiss Count III is DENIED.

I. Factual Background

Between April, 1996, and March 31, 1998, Plaintiff...

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