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RUSCITTI v. ATCHISON, TOPEKA, AND SANTA FE RY. CO.

No. 95 C 859.

987 F.Supp. 1039 (1997)

Ray S. RUSCITTI, as assignee of Wellington Dormitory Corporation, an Illinois corporation, Waynoka Corporation, an Illinois corporation, Ft. Madison Corporation, an Illinois corporation, and Belen Corporation, an Illinois corporation, Plaintiffs, v. THE ATCHISON, TOPEKA, AND SANTA FE RAILWAY COMPANY, a Delaware corporation, and Intermotel Leasing Inc., a Minnesota corporation, now known as Contract Lodging, a Minnesota corporation, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 1, 1997.

Attorney(s) appearing for the Case

Victor F. Ciardelli, Ciardelli & Cummings, Chicago, IL, for Plaintiffs.

Weston W. Marsh, Richard Thomas Sikes, Jr., Anthony Joseph Carballo, Freeborn & Peters, Chicago, IL, for Defendant Atchison, Topeka, and Santa Fe Ry. Co.

George N. Vurdelja, Jr., John M. Heaphy, Jr., Griswold L. Ware, Vurdelja & Heaphy, Chicago, IL, Steven R. Hedges, Abdo and Abdo, P.A., Minneapolis, MN, for Defendants Contract Lodging.

MEMORANDUM OPINION AND ORDER

ANN CLAIRE WILLIAMS, District Judge.

Plaintiff Ray Ruscitti ("Ruscitti") filed a ten count complaint against defendants Atchison, Topeka, and Santa Fe Railway Co. ("Santa Fe") and Intermotel Leasing1 ("Intermotel"). Pursuant to Federal Rule of Civil Procedure 12(b)(6), Santa Fe moves to dismiss counts I-VI of Ruscitti's Third Amended Complaint for failure to state a claim upon which relief can be...

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