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FAULKNER v. GILMORE

No. 3-92-0720.

621 N.E.2d 908 (1993)

251 Ill. App.3d 34

190 Ill.Dec. 455

William FAULKNER, Janice Faulkner, and Kankakee Mechanical Systems, Inc., an Illinois Corporation, Plaintiffs-Appellants, v. William GILMORE, Deuschle Gilmore Insurance Agency, Inc., a Corporation, Defendants-Appellees (United States Fidelity & Guaranty Co., Defendant).

Appellate Court of Illinois, Third District.

Rehearing Denied September 22, 1993.

Attorney(s) appearing for the Case

Michael J. Zopf (argued), Reno, O'Byrne & Kepley, P.C., Champaign, IL, for William Faulkner, Janice Faulkner, and Kankakee Mechanical Systems.

Steven R. McMannon (argued), Tribler & Orpett, P.C., Willis R. Tribler, Tribler & Orpett P.C., Chicago, IL, for William Gilmore and Deuschle Gilmore Ins. Co.

Justice BRESLIN delivered the opinion of the court:

The plaintiffs, William Faulkner, Janice Faulkner, and Kankakee Mechanical Systems, Inc., brought a four-count, third-amended complaint against defendants William Gilmore and Deuschle-Gilmore Insurance Agency, Inc., alleging that the defendants breached a fiduciary duty and a contract to terminate a surety agreement. The trial court dismissed the complaint for failure to state a cause of action. The plaintiffs appeal...

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