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NATIONAL SERVICE ASS'N v. CAPITOL BANKERS LIFE

No. 91 C 7040.

832 F.Supp. 227 (1993)

NATIONAL SERVICE ASSOCIATION, INC., an Illinois corporation and S.B. Lexington, Inc., an Illinois corporation, Plaintiffs, v. CAPITOL BANKERS LIFE INSURANCE COMPANY, INC., a Minnesota corporation, Defendant.

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

August 25, 1993.

Attorney(s) appearing for the Case

David Bruce Simon, Law Office of David B. Simon, Chicago, IL, for National Service Ass'n and S.B. Lexington, Inc.

Kathryn Marie Gleason, U.S. Trustee's Office, Donald Christopher Pasulka, Ross & Hardies, P.C., Chicago, IL, Timothy J. Pike, Peterson, Johnson & Murray, Milwaukee, WI, for Capitol Bankers Life Ins. Co., Inc.

OPINION AND ORDER

NORGLE, District Judge:

Before the court is defendant Capitol Bankers Life Insurance Company's ("Capitol Bankers") motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The motion is granted in part and denied in part for reasons stated below. The court grants leave to file an amended complaint in compliance with this opinion.

FACTS

Plaintiff National Service Association, Inc. ("National Service") is an Illinois...

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