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MADONNA v. GIACOBBE

No. 2-88-0980.

190 Ill. App.3d 859 (1989)

546 N.E.2d 1145

RALPH F. MADONNA et al., Plaintiffs, v. MICHAEL J. GIACOBBE et al., Defendants (Michael J. Giacobbe et al., Third-Party Counterplaintiffs-Appellants); The City of Wood Dale et al., Counterdefendants-Appellees).

Appellate Court of Illinois — Second District.

Opinion filed November 9, 1989.

Attorney(s) appearing for the Case

John H. Brechin, of Downers Grove, and Kenneth E. Poris, of Poris, Lawrence & Evans, of Lisle, for appellants.

Gary L. Taylor, of Rathje, Woodward, Dyer & Burt, of Wheaton, Joseph P. Storto, of Joseph P. Storto, P.C., & Associates, of Bensenville, and McDermott, Will & Emery, of Chicago, for appellee James Whalen.

Kathleen T. Zellner, of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Lisle, Karen L. Douglas and Martin A. Kanofsky, both of Pretzel & Stouffer, Chartered, of Chicago, and Erwin W. Jentsch, of Bradtke & Zimmermann, of Mount Prospect, for other appellees.

Order affirmed.

JUSTICE DUNN delivered the opinion of the court:

Counterplaintiffs, Michael Giacobbe and Woodside Builders, Inc., appeal from an order of the circuit court of Du Page County, dismissing their fourth amended counterclaim against counterdefendants, City of Wood Dale, Jerry Greer, the mayor of Wood Dale, and seven members of the Wood Dale city council. On appeal, counterplaintiffs assert that their fourth amended counterclaim stated a cause of...

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