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DALLIS v. DON CUNNINGHAM & ASSOCIATES

No. 91 C 2203.

796 F.Supp. 1127 (1992)

Luke DALLIS, Plaintiff, v. DON CUNNINGHAM & ASSOCIATES, Defendant.

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

July 22, 1992.

Attorney(s) appearing for the Case

Lawrence B. Finn, Edward J. McCambridge, Segal, McCambridge, Singer & Mahoney, Ltd., Chicago, Ill., for Luke Dallis.

Roger C. Elliott, Anthony George Argeros, Elliott & McClure, Momence, Ill., Nicholas J. Motherway, Motherway & Glenn, Chicago, Ill., for Don Cunningham & Associates and Don Cunningham.

MEMORANDUM OPINION

KOCORAS, District Judge:

This matter comes before the court on defendant's motion to dismiss Count III of the third amended complaint pursuant to Rule 12(b)(6) Fed.R.Civ.P. For the reasons set forth below, the motion is granted.

BACKGROUND

Defendant Don Cunningham & Associates ("Associates") employed plaintiff Luke Dallis ("Dallis") as an independent sales representative from approximately June, 1982 until April 15...

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