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ALEXANDER v. ALLISTER CONST. CO.

No. 73 C 2880.

424 F.Supp. 277 (1976)

Robert E. ALEXANDER, Plaintiff, v. ALLISTER CONSTRUCTION CO. et al., Defendants. ALLISTER CONSTRUCTION CO., Counterplaintiff, v. Robert E. ALEXANDER et al., Counterdefendants. ALLISTER CONSTRUCTION CO., Third-Party Plaintiff, v. ELMER FOX & CO., Third-Party Defendant.

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

November 5, 1976.

Attorney(s) appearing for the Case

Jenner & Block, Chicago, Ill., for plaintiff.

Walter C. Clements, Chicago, Ill., for defendants.

John Conlon, Chicago, Ill., for third-party defendant.

DECISION ON MOTION TO DISMISS

McMILLEN, District Judge.

After the final pre-trial order was entered in this case, but before it had been complied with, defendants filed a motion to dismiss for lack of diversity of citizenship between the plaintiff and the defendant Allister Construction Co., contending that both of these parties are citizens of Illinois. The motion is supported by extracts from depositions and other sworn documents and is resisted by the...

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