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SMITH v. WOODSTOCK, INC.

No. 81 C 1056.

521 F.Supp. 1263 (1981)

Marvin P. SMITH, et al., Plaintiffs, v. WOODSTOCK, INC., et al., Defendants.

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

September 1, 1981.

Attorney(s) appearing for the Case

Joshua L. Rosen, Stephen M. Merrick, Fishman, Merrick, Perlman & Nagelberg, P. C., Chicago, Ill., for plaintiffs.

Bernard F. Doyle, Jr., Phelan & Doyle, Herbert I. Rothbart, Getzoff, Rothbart & Getzoff, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER*

SHADUR, District Judge.

Woodstock, Inc. ("Woodstock") has moved under Fed.R.Civ.P. ("Rule") 12(b)(6) to dismiss this action brought by Marvin P. and Janet Lee Smith ("Smiths") for failure to state a cause of action due to res judicata considerations. Because the matters on which Woodstock relies are not apparent on the face of Smiths' Complaint, a Rule 12(b)(6) motion is really inappropriate, 5 Wright...

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