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ZORN v. ZIMMER, INC.

No. 06 C 6323.

486 F.Supp.2d 724 (2007)

David ZORN, Plaintiff, v. ZIMMER, INC. and Elmhurst Memorial Healthcare, a corporation, d/b/a Elmhurst Memorial Hospital, Defendants.

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

January 31, 2007.

Attorney(s) appearing for the Case

Michael L. Bolos, Jr., Michael L. Bolos, Ltd., Joliet, IL, for Plaintiff.

John M. Christian, Jason Andrew Burlingame, Perkins Coie LLC, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Plaintiff David Zorn filed a three count complaint against defendant Zimmer, Inc. ("Zimmer") and Elmhurst Memorial Healthcare, d/b/a Elmhurst Memorial Hospital ("the Hospital"). The Hospital now moves to dismiss Count III of the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the motion is denied.

I.

In assessing defendant's 12(b)(6) motion...

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