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BURGESS v. CLAIROL, INC.

No. 87 C 8918.

776 F.Supp. 1278 (1991)

George BURGESS and Cynthia Burgess, Plaintiffs, v. CLAIROL, INC., a foreign corporation, Defendant. CLAIROL, INC., a foreign corporation, Third-party plaintiff, v. Jerry W. CARGILL, M.D., Third-party defendant.

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

October 30, 1991.

Attorney(s) appearing for the Case

Raymond M. Strass, Brittain & Ketcham, Elgin, Ill., Mary R. Minella, John Christopher Mullen, Cynthia L. Chase, Mullen, Minella & Chase, Chicago, Ill., for plaintiffs.

Michael W. Davis, Sidley & Austin, John Dames, Therese Anne Kelly, Kelley, Drye & Warren, Chicago, Ill., for defendant.

Joseph A. Camarra, Cassiday, Schade & Gloor, Fred R. Lambruschi, Fred Lambruschi Ltd., Chicago, Ill., for third-party defendant.

Lawrence Helms, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for trustees.

ORDER

NORGLE, District Judge.

Before the court is defendant Clairol Incorporated's ("Clairol") motion to dismiss Count IV of the plaintiff's fourth amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons discussed below, the motion is granted.

FACTS

Sometime prior to July 1, 1986, George Burgess purchased a product called "The Foot Fixer," which was manufactured and distributed by Clairol. The Foot Fixer...

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