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NICHOLS MOTORCYCLE SUPPLY v. DUNLOP TIRE CORP.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION


September 15, 1995

NICHOLS MOTORCYCLE SUPPLY, INC., an Illinois corporation, Plaintiff,
v.
DUNLOP TIRE CORPORATION, a Delaware corporation, et al., Defendants.

The opinion of the court was delivered by: CASTILLO

ORDER

 This matter is before the Court on defendant Dunlop Tire Corporation's Motion To Vacate And Reconsider Ruling Entering Partial Summary Judgment Against Dunlop On Its Section 2(b) Meeting-Competition Defense To Count VII Of The Third Amended Complaint and the parties' Stipulation for Order of Dismissal With Prejudice filed herein pursuant to the parties' Settlement Agreement.

 IT IS HEREBY ORDERED THAT:

 Pursuant to the parties' Settlement Agreement and the Stipulation of the parties, those portions of (i) the Court's August 1, 1995 order granting plaintiff's motion for partial summary judgment on Dunlop's Section 2(b) affirmative defense to Count VII of the Third Amended Complaint, and (ii) Section II, C, 3 of the Court's Memorandum Opinion and Order dealing with the Section 2(b) defense (initially filed August 10, 1995, and editorially amended September 5, 1995, including pp. 80-90 and the third sentence of the Conclusion on p. 110 of the August 10, 1995 Memorandum, and pp. 82-92 and the third sentence of the Conclusion on p. 112 of the September 5, 1995 Memorandum), are vacated pending dismissal of this action in its entirety by further agreement of the parties and therefore without the need of the Court to address reconsideration on the merits.

 Dated: September 15, 1995

 Ruben Castillo

 United States District Judge

19950915

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