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J. & B. & S. RESTAURANT CORP. v. HENRY'S DRIVE-IN

January 19, 1973

J. & B. & S. Restaurant Corp., Inc. Plaintiff,
v.
Henry's Drive-In, Inc., Michael Lewis Co., Lawsons Enterprises, Inc., Chas. U. Victor Co., and Aetna Insurance Co., Defendants.


Curtin, District Judge.


The opinion of the court was delivered by: CURTIN

CURTIN, District Judge.

This suit against five defendants purports to be a class action under Sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15, 26, and Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78(j).

 Pending are motions by the four defendants who were served with process: Henry's Drive-In, Inc., Michael Lewis Company, Chas. U. Victor Company, and Aetna Insurance Company. The motions seek the following relief:

 (1) Dismissal of the complaint on the ground that venue does not properly lie in this judicial district;

 (2) Dismissal of the complaint on the ground that the court lacks personal jurisdiction over the defendant;

 (3) Transfer of the action to the United States District Court for the Northern District of Illinois, Eastern Division, pursuant to 28 U.S.C. § 1404(a);

 (4) Dismissal of Count I of the complaint or of particular pargraphs thereof as barred by 15 U.S.C. § 15(b);

 (5) Dismissal of paragraph 15f of Count I of the complaint for failure to state a claim upon which relief can be granted;

 (6) Dismissal of Count II of the complaint for failure to state a claim upon which relief can be granted;

 (7) Dismissal of the allegations of the complaint stating that the plaintiff brings suit as a representative of a class of franchisees similarly situated;

 (8) A more definite statement of the allegations of Count I of the complaint; and

 (9) Striking of certain paragraphs of an affidavit submitted by the president of the plaintiff.

 At this time the court will rule on only points (1) and (2) of the foregoing, deferring action on the others pending the submission of further ...


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