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FEDDERS CORPORATION v. ELITE CLASSICS

No. 03-CV-4003-JPG.

279 F.Supp.2d 965 (2003)

FEDDERS CORPORATION, Plaintiff, v. ELITE CLASSICS and Cheston Knight, Defendants. Elite Classics, Cheston Knight, and Star Elite, Counter-Claimants, v. Fedders Corporation and Robert Edwards, Counterclaim Defendants.

United States District Court, S.D. Illinois.

August 14, 2003.

Attorney(s) appearing for the Case

Charles L. Joley, Georgiann Oliver, Donovan, Rose et al., Belleville, IL, Constance S. Huttner, Stephanie J. Kamerow, Scott D. Brown, Jonathan M. Seiden, Skadden, Arps, et al., New York, NY, for plaintiff/counter-defendant.

Frederick J. Hess, Lewis, Rice et al., Belleville, IL, Lynn H. Murray, James P. Gitzlaff, Grippo & Elden, Edward D. Manzo, Attorney at Law, Chicago, IL, for defendant/counter-claimant.

Kenneth A. Plevan, Skadden, Arps, et al., New York, NY, for counter-defendant.

ORDER

GILBERT, District Judge.

This matter comes before the Court on the motion by the counterclaim defendants, Fedders Corporation and Robert Edwards, to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6), the counterclaim brought by Elite Classics, Cheston Knight and Star Elite For reasons discussed below, the motion will be granted in part and denied in part.

STANDARD

When reviewing a Rule 12(b)(6) motion to...

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