MEMORANDUM OPINION
FLAUM, District Judge:
The sole issue before the court on defendant's motion to dismiss is whether a covenant not to sue entered into between plaintiffs and the principal of defendant Herder Brothers, Inc., Aero Mayflower Transit Co., Inc., operates, under Illinois law, to release Herder Brothers from liability as well. Defendant Herder Brothers relies exclusively on the Illinois Supreme Court decision in Holcomb v. Flavin,
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