October 26, 2005 08:00 AM

Eminem is out from under the burden of his family, after a Michigan judge on Monday tossed out a lawsuit filed by his aunt and uncle – who claimed that their nephew promised to buy them a $328,000 house and supply his aunt with a $100,000 salary.

Macomb Circuit Judge Mary Chrzanowski dismissed claims by Jack and Betti Schmitt, the aunt and uncle of Eminem (real name: Marshall Mathers), reports Michigan’s Macomb Daily newspaper. The jurist apparently based her decision on the fact that the couple had no written agreement from Eminem to support any promises of money or shelter.

“The Schmitts do not have any recorded interest with respect to the title of the home,” said Eminem’s attorney, Ken Silver. Betti Schmitt also is an at “at-will” employee, he added.

Thanks to the judge, however, the Schmitts do have a chance to go at their nephew again, if they re-file their arguments.

In the meantime, Eminem reportedly filed a counter-claim against the Schmitts, accusing them of violating the terms of a confidentiality agreement after they failed to keep the lawsuit sealed and because their lawyer, Kevin Green, discussed the case in a radio interview.

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