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CHICAGO DIST. COUNCIL OF CARP. WELFARE v. ANGULO

No. 01 C 4058.

169 F.Supp.2d 880 (2001)

CHICAGO DISTRICT COUNCIL OF CARPENTERS WELFARE FUND, Earl J. Oliver, Jeffrey Isaacson, Kenneth Borg, Robert Quanstrom, Richard A. Baggio, Melvin Gray, Benjamin A. Johnston, and Stanley Pepper, as Trustees of the Chicago District Council of Carpenters Welfare Fund Plaintiffs, v. Abel ANGULO and Maria Rodriguez, Defendants.

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

October 30, 2001.

Attorney(s) appearing for the Case

Librado Arreola, Daniel Paul McAnally, Frank A. Marco, Travis J. Ketterman, Whitfield & Gregorio, Chicago, for Plaintiff/Counter-defendants.

Joseph P. Berglund, Niew & Associates, Oak Brook, for Abel Angulo.

Maria Rodriguez, Chicago, for Defendant/Counter-claimant.

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

Before the court is defendant Abel Angulo's motion to dismiss plaintiffs' complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) ("Rule 12(b)(6)") and 9(b) ("Rule 9(b)"). For the following reasons, the court denies defendant's motion to dismiss under Rule 12(b)(6) and grants defendant's motion to dismiss under Rule 9(b).

I. BACKGROUND

Plaintiff Chicago...

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