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COLBY v. J.C. PENNEY CO., INC.

No. 80 C 2032.

705 F.Supp. 425 (1989)

Diane COLBY, on her own behalf and on behalf of a class of all other persons similarly situated, Plaintiff, v. J.C. PENNEY COMPANY, INC., a Delaware corporation, Defendant.

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

January 31, 1989.

Attorney(s) appearing for the Case

Robert F. Coleman, Kenneth P. Ross, Robert F. Coleman & Associates, Chicago, Ill., for plaintiff.

Wise & Marsac by Robert A. Marsac and Eric H. Lipsitt, Detroit, Mich. (P. Kevin Connelly, Lederer, Reich, Sheldon & Connelly, Chicago, Ill., of counsel), for defendant.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

This case is one in which this court must employ stern measures to protect the interests of an inadequately represented class. This court's action comes on the heels of a motion for summary judgment by J.C. Penney Company, a motion that makes this court wonder if Penney's attorneys have read Rule 56, Fed.R.Civ.P. The attorneys for the plaintiff class in turn have responded to the motion in seeming ignorance...

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