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HYTEL GROUP, INC. v. BUTLER

No. 2-09-1003.

938 N.E.2d 542 (2010)

HYTEL GROUP, INC., Plaintiff-Appellant and Cross-Appellee, v. Michelle Z. BUTLER, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied November 19, 2010.

Attorney(s) appearing for the Case

Cary S. Fleischer, Chuhak & Tecson, P.C., Chicago, for Hytel Group, Inc.

Gary W. Leydig, Riordan, Fulkerson, Hupert & Coleman, Chicago, for Michelle Z. Butler.

Justice SCHOSTOK delivered the opinion of the court:

The plaintiff, Hytel Group, Inc., filed suit against a former employee, the defendant, Michelle Butler, on December 15, 2008, alleging that she breached fiduciary duties and made fraudulent misrepresentations. Butler filed two motions to dismiss the complaint, one based on section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2008)) and the other premised on the Citizen Participation Act (Act...

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