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On August 22, 1997, respondent filed the instant motion for
judgment on the pleadings. After several unsuccessful informal
attempts to contact petitioner to arrange for a telephone
conference to discuss the instant motion,3 the Court struck the
case from the October 27, 1997, St. Louis trial session and
established a briefing schedule on the instant motion.
Petitioner has not filed any brief or otherwise responded to the
instant motion.
Our findings are based entirely on those matters that are
admitted or deemed admitted in the pleadings.
Background--Facts
When the petition was filed in the instant case, petitioner
resided in Belleville, Illinois.
During each of the years 1989, 1990, 1991, 1992, 1993, and
1994, petitioner was engaged in the business of publishing a
magazine entitled “Southern Illinois Prep Sports” (hereinafter
sometimes referred to as SIPS), featuring local high school
athletes. Petitioner conducted this business as a sole
proprietorship doing business as “Southern Illinois Prep Sports”.
In each of the years 1990, 1991, 1992, 1993, and 1994, petitioner
published two editions of SIPS: a football issue in the fall and
3 At some point after the notice of trial was served and
before respondent filed the instant motion for judgment on the
pleadings, petitioner apparently moved from the address listed in
the petition. Petitioner has not communicated with the Court,
formally or informally, since then.
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