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CHICAGO SCHOOL REFORM BD. OF TRUSTEES v. SUBSTANCE, INC.

No. 99 C 440.

79 F.Supp.2d 919 (2000)

CHICAGO SCHOOL REFORM BOARD OF TRUSTEES, an Illinois Municipal Corporation, Plaintiff, v. SUBSTANCE, INC., an Illinois Corporation; George N. Schmidt, individually; Jane or John Does (One through Twenty), individually, and Volumes XXIV, Nos. 5 and 6 of Substance (January-February, 1999), in rem, Defendants. Substance, Inc., an Illinois Corporation; and George N. Schmidt, Third-Party Plaintiffs, v. Paul Vallas, Chief Executive Officer, Chicago Public Schools, in his official capacity, Third-Party Defendant.

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

January 4, 2000.

Attorney(s) appearing for the Case

Patricia Anne Felch, Laura J. DeMoor, Gilberto Hernandez, Banner & Witcoff, Ltd., Chicago, IL, Joshua Lee Smith, Peterson & Ross, Chicago, IL, Edmund Sebree McAlister, Sachnoff & Weaver, Ltd., Chicago, IL, for Chicago School Reform Board of Trustees, an Illinois municipal corporation, plaintiff.

Jeffrey Charles Boulden, Despres Schwartz & Geoghegan, Chicago, IL, Alan Barinholtz, Barinholtz & Gault, Chicago, IL, Mark H. Barinholtz, Chicago, IL, for defendants.

Laura J. DeMoor, Gilberto Hernandez, Banner & Witcoff, Ltd., Chicago, IL, for Paul Vallas, third-party defendant.

OPINION and ORDER

NORGLE, District Judge.

Plaintiff Chicago School Reform Board of Trustees and Third-Party Defendant Paul Vallas move to dismiss Defendants' Counterclaim and Third-Party Complaint and to strike three of Defendants' Affirmative Defenses. For the following reasons, the court grants the motion.

I. Background1

The Illinois Common Schools Act...

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