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VENTURI, INC. v. AUSTIN CO.

Civ. No. 87-4373.

681 F.Supp. 584 (1988)

VENTURI, INC., a Delaware Corporation, Plaintiff, v. The AUSTIN COMPANY, A Corporation, and General Accident Insurance Company, a Corporation, Defendants.

United States District Court, S.D. Illinois, Benton Division.

March 8, 1988.

Attorney(s) appearing for the Case

Morris Lane Harvey, Fairfield, Ill., for plaintiff.

Michael Reda, Robert Wilson, Edwardsville, Ill., Robert B. Wedge, David L. Tank, Atlanta, Ga., for defendants.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

This matter is before the Court on plaintiff's Motion to Dismiss (Document No. 13). The Motion urges the Court to dismiss the five counterclaims asserted by the defendants in their Answer on the basis of limitations and failure to state a claim on which relief can be granted.

Background

It appears from the record that on March 25, 1977, defendant, the Austin Company (Austin), contracted with plaintiff...

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