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AVON HARDWARE CO. v. ACE HARDWARE CORP.

Docket No. 1-13-0750.

998 N.E.2d 1281 (2013)

2013 IL App (1st) 130750

376 Ill. Dec. 348

AVON HARDWARE COMPANY, d/b/a Avon Ace Hardware, Michael A. Clark, Beverly A. Clark, Yido, Inc., d/b/a Mr. Mike's Ace Hardware, Debbie Pasciak, and Michael Pasciak, Plaintiffs-Appellants, v. ACE HARDWARE CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

October 28, 2013.

Attorney(s) appearing for the Case

Kenneth A. Wexler , Kara A. Elgersma , and Amy E. Keller , all of Wexler Wallace LLP, of Chicago, and Patrick R. Burns , of Lindquist & Vennum PLLP, and Gordon Rudd and David M. Cialkowski , both of Zimmerman Reed PLLP, both of Minneapolis, Minnesota, for appellants.

Norman M. Leon and John A. Hughes , both of DLA Piper LLP, of Chicago, for appellee.

Gary W. Leydig , of Riordan, Fulkersqn, Hupert & Coleman, of Chicago, and Dady & Gardner PA ( Ronald K. Gardner , John D. Holland , and Kristy L. Zastro , of counsel), of Minneapolis, Minnesota, for amicus curiae Coalition of Franchisee Associations, Inc.

Marc N. Blumenthal , of Law Offices of Marc N. Blumenthal, of Chicago, for amicus curiae American Franchise Association.

OPINION

Justice HOFFMAN delivered the judgment of the court, with opinion.

¶ 1 The plaintiffs, Avon Hardware Company, doing business as Avon Ace Hardware, Michael A. Clark, Beverly A. Clark, Yido, Inc. (Yido), doing business as Mr. Mike's Ace Hardware, Debbie Pasciak, and Michael Pasciak, appeal from the circuit court order which dismissed their complaint alleging various claims of commonlaw and statutory fraud based on statements made by the defendant...

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