Old Republic Insurance v. Sidley & Austin

MEMORANDUM AND ORDER

MORAN, District Judge.

Defendant moves pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure to dismiss the plaintiff’s complaint. In such circumstances any inference drawn must be favorable to the plaintiff, United Milk Products Co. v. Michigan Avenue National Bank of Chicago, 401 F.2d 14, 17 (7th Cir.1968), and the allegations contained in the complaint are to be accepted as true. National Van Lines, Inc. v. United States, 326 F.2d 362, 372 (7th Cir.1964); 5 Wright, Miller & Cooper, Federal Practice and Procedure § 1363 at 656 (1969). We deal herein with only…