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BENSON v. STAFFORD

Nos. 1-09-1361, 1-09-3173.

941 N.E.2d 386 (2010)

Michael BENSON, Edward Dolinar, Joel Stone and William F. Johnson, Individually and d/b/a William F. Johnson, Inc., an Illinois Corporation, Plaintiffs-Appellants and Cross-Appellees, v. John S. STAFFORD, Jr., Defendant-Appellee and Cross-Appellant (Randall Gold, Michael Fox, and Edwin Durham, Cross-Appellees.)

Appellate Court of Illinois, First District, Sixth Division.

December 23, 2010.

Attorney(s) appearing for the Case

Michael R. Fox, Randall B. Gold, Fox & Fox, S.C., Monona, Myron M. Cherry, Myron M. Cherry & Associates, LLC, Chicago, for Appellants-Cross-Appellees/Cross-Appellees Fox and Gold.

Gary M. Miller, Laura K. McNally, Daniel M. Hinkle, Grippo & Elden LLC, Chicago, for Appellee-Cross-Appellant.

Edwin L. Durham, Michael Rachlis, Rachlis Durham Duff & Adler, LLC, Chicago, for Cross-Appellee Durham.

OPINION

Justice ROBERT E. GORDON delivered the judgment of the court, with opinion.

These consolidated appeals arise from a dispute concerning the sales of interests in two joint ventures. Plaintiffs Michael Benson, Edward Dolinar, Joel Stone, and William F. Johnson brought suit against defendant John Stafford, Jr., in the circuit court of Cook County, alleging that defendant had breached his duty as a fiduciary in fact and had committed common law fraud...

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