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FRANZ v. CALACO DEVELOPMENT CORP.

Nos. 2-03-0672, 2-03-0699.

818 N.E.2d 357 (2004)

352 Ill. App.3d 1129

288 Ill.Dec. 669

William M. FRANZ, Plaintiff and Counterdefendant-Appellant, v. CALACO DEVELOPMENT CORPORATION and Nunzio Casalino, Defendants and Counterplantiffs-Appellees. William M. Franz, Plaintiff and Counterdefendant-Appellee, v. Calaco Development Corporation and Nunzio Casalino, Defendants and Counterplantiffs-Appellants.

Appellate Court of Illinois, Second District.

October 21, 2004.

Attorney(s) appearing for the Case

Timothy G. Shelton, Jennifer L. Johnson, Hinshaw & Culbertson, Chicago, for William M. Franz in Nos. 2-03-0672, 2-03-0699.

Steven B. Bashaw, Steven B. Bashaw, P.C., Oak Brook, John E. Waghorne, John E. Waghorne & Associates, Bloomingdale, for Calaco Development Corp., Nunzio Casalino in Nos. 2-03-0672, 2-03-0699.

Presiding Justice O'MALLEY delivered the opinion of the court:

Plaintiff William Franz sued defendants, Calaco Development Corporation (Calaco Development) and Nunzio Casalino (Casalino), for breach of a partnership agreement between plaintiff and Calaco Development and breach of fiduciary duty. Defendants counterclaimed for declaratory judgment that plaintiff had become a general partner in the partnership and that plaintiff violated the Illinois Mortgage Act (Mortgage...

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