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NAT. CONF. OF BAR EXAMINERS v. MULTISTATE, ETC.

No. 78 C 4217.

495 F.Supp. 34 (1980)

NATIONAL CONFERENCE OF BAR EXAMINERS and Educational Testing Service, Plaintiffs, v. MULTISTATE LEGAL STUDIES, INC., Defendant.

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

On Motion to Dismiss Amended Counterclaim July 31, 1980.

Attorney(s) appearing for the Case

Robert M. Newbury, Martin R. Greenstein, Chicago, Ill., for plaintiffs; Pattishall, McAuliffe & Hofstetter, Baker & McKenzie, Chicago, Ill., of counsel.

Paul F. Stack, John H. Shurtleff, Chicago, Ill., for defendant; Stack & Filpi, Chicago, Ill., of counsel.

DECISION

McMILLEN, District Judge.

Plaintiffs have filed a motion pursuant to F.R.C.P. 12(b)(6) to strike the First, Second and Third affirmative defenses in the defendant's answer and to dismiss the corresponding Counts I, II and III of defendant's counterclaim. Defendant has filed a motion for summary judgment on Count III of its counterclaim which would also dispose of Count I of the Complaint.

Count I of the Complaint seeks to enforce plaintiffs...

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