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KEVIN'S TOWING, INC. v. THOMAS

No. 02 C 3947.

217 F.Supp.2d 903 (2002)

KEVIN'S TOWING, INC., Plaintiff, v. Bette THOMAS and City of North Chicago, a municipal corporation and body politic, Defendants.

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

August 27, 2002.

Attorney(s) appearing for the Case

Thomas C. Crooks, Chicago, Illinois, for plaintiff/counter-defendants.

Michelle J. Hirsch, William W. Kurnik, Knight, Hoppe, Kurnik & Knight, LLC, DesPlaines, Illinois, for defendant/counter-claimant.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is defendants' motion to dismiss plaintiff's second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) ("Rule 12(b)(6)"). For the following reasons, the court grants defendants' motion to dismiss. The court dismisses Count III with prejudice and Counts I and II without prejudice.

I. BACKGROUND

The following facts are taken...

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