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JOHN v. PHELPS

No. 88 C 9315.

713 F.Supp. 1161 (1989)

Edward J. JOHN, D.D.S., Plaintiff, v. Frank K. PHELPS; Frale and Phelps, Ltd.; R. Alan Berggren and Berggren Realty Corporation, Defendants.

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

May 5, 1989.

Attorney(s) appearing for the Case

Herbert Beigel, Robert G. McCoy, Beigel & Sandler, Chicago, Ill., for plaintiff.

David I. Herbst, David A. Baugh, Jodi I. Firfer, Portes Sharp Herbst & Kravets, Chicago, Ill., for Frank Phelps, and Frale and Phelps, Ltd.

Arnold A. Pagniucci, Sachnoff, Weaver & Rubenstein, Chicago, Ill., for R. Alan Berggren and Berggren Realty Corp.

ORDER

NORGLE, District Judge.

Before the court is the defendants', Frale and Phelps, Ltd. and Frank K. Phelps, motion to dismiss. See Fed.R.Civ.P. 12(b)(6). For the following reasons, the motion is granted.

FACTS

The facts, as alleged in the Complaint, are as follows. In 1978, plaintiff invested $90,000 in a limited partnership (the "partnership") organized and managed by defendants Phelps and R. Alan Berggren, who served as general...

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