Argued September 16, 1982.
Decided March 11, 1983.
Donald B. Mackay, Chicago, Ill., for plaintiff-appellant.
Marvin A. Miller, Dennis C. Waldon, Gerald A. Niederman, Marshall Seeder, Roan Grossman, Chicago, Ill., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Illinois.
The district court granted summary judgment in favor of the defendants and the plaintiff appeals contending that material issues of fact are in dispute and therefore a trial on the merits is necessary. The complaint originally alleged four separate causes of action; Count I claimed tortious interference with plaintiff's prospective business advantage, Count II claimed injurious falsehood, Count III claimed deliberate interference with plaintiff's public offering, and Count IV claimed violations of various Illinois consumer statutes. Judge Marshall, to whom the case was originally assigned, dismissed Counts II and IV. That decision is not at issue in this appeal. Subsequently, the case was reassigned to Judge Getzendanner who granted summary judgment for the defendants on the two remaining counts. The plaintiff then filed this appeal.
We conclude that the district judge properly and thoroughly addressed the issues raised and we hereby affirm and adopt the district court's opinion (reproduced in the Appendix).