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McMACKIN v. SCHWINN BICYCLE COMPANY

No. 71 C 2751.

354 F.Supp. 1154 (1973)

John T. McMACKIN d/b/a McMackin Hardware Co., on behalf of himself and all others similarly situated, Plaintiff, v. SCHWINN BICYCLE COMPANY, Defendant.

United States District Court, N. D. Illinois, E. D.

February 27, 1973.

Attorney(s) appearing for the Case

W. Donald McSweeney, Schiff, Hardin, Waite, Dorshel & Britton, Chicago, Ill., for plaintiff.

Robert C. Keck, Price, Cushman, Keck & Mahin, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

McLAREN, District Judge.

This matter arises upon defendant's motion to vacate the Court's Memorandum Opinion and Order of September 29, 1972, or in the alternative, for an order limiting the class definition, approving its proposed notice to the class, and directing that such notice be mailed at plaintiff's expense.

I.

Defendant argues that its motion to dismiss, which was denied in the previous opinion, should...

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