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LEASEWAY WAREHOUSES, INC. v. CARLTON

No. 81 C 5739.

568 F.Supp. 1041 (1983)

LEASEWAY WAREHOUSES, INC., a corporation, Plaintiff, v. J. Robert CARLTON, et al., Defendants. J. Robert CARLTON, Defendant and Third-Party Plaintiff, v. J.J.L. INCORPORATED, d/b/a American Roofing & Repair Co., Third-Party Defendant.

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

July 27, 1983.

Attorney(s) appearing for the Case

Eugene J. Kelley, Jr., Arnstein, Gluck & Lehr, Donald J. Brown, Jr., Baker & McKenzie, Norman A. Miller, Richard A. Buchanan, Clausen, Miller, Gorman, Caffrey & Witous, Chicago, Ill., for plaintiff.

Bruce D. Becker, Isham, Lincoln & Beale, Peter A. Sarasek, Molly B. Warner, Wilson & McIlvaine, Michael L. Weissman, Leon Zelechowski, Weissman & Pond, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Third-party defendant J.J.L. Incorporated, d/b/a American Roofing & Repair Co. ("American"), seeks leave of this Court to withdraw its previously filed answer to J. Robert Carlton's third-party complaint and moves to dismiss the third-party complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For reasons set forth below, American's motion is denied.

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