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SCHOOT v. U.S.

No. 86 C 0179.

664 F.Supp. 293 (1987)

Robert R. SCHOOT, Plaintiff and Counterclaim Defendant, v. The UNITED STATES of America, Defendant and Counterclaimant, v. Roger C. VORBAU, Additional Defendant on the Counterclaim.

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

January 6, 1987.

Attorney(s) appearing for the Case

Steven J. Rotunno, Peter Ordower, Mark E. Resnik, Joyce & Kubasiak, Chicago, Ill., for Schoot.

Ann Wallace, Asst. U.S. Atty., Chicago, Ill., Joseph Cammarata, Tax Div., Dept. of Justice, Washington, D.C., Barry Lieberman, Dickerson Dickerson & Lieberman, Las Vegas, Nev., for U.S.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Roger C. Vorbau ("Vorbau"), counter-defendant and cross-defendant in this tax refund and penalty action, brings these motions to dismiss under F.R.Civ.P. 12 the counterclaim of the United States of America and the cross-claim of Robert R. Schoot ("Schoot"). For the reasons noted below, we deny Vorbau's motion as to the counterclaim, but grant it as to the cross-claim.

FACTS1<...

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