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MAREK'S COMPETITIVE EDGE, INC. v. MICKELSON GROUP, INC.

No. 2-03-0259.

806 N.E.2d 280 (2004)

346 Ill. App.3d 996

282 Ill.Dec. 305

BILL MAREK'S THE COMPETITIVE EDGE, INC., Plaintiff-Appellee, v. MICKELSON GROUP, INC., Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 12, 2004.

Attorney(s) appearing for the Case

James J. Flood, James J. Flood, PC, Skokie, Ronald A. Bredemann, Crystal Lake, for Mickelson Group, Inc.

Bryan R. Bagdady, Bryan R. Bagdady, P.C., Lisle, for Bill Marke's the Competitive Edge, Inc.

Justice BYRNE delivered the opinion of the court:

Union Underwear Company, Inc.(Union), which is not a party to this appeal, purportedly owed plaintiff, Bill Marek's The Competitive Edge, Inc., unpaid sales commissions but mistakenly paid them to defendant, Mickelson Group, Inc. Plaintiff made numerous demands upon defendant for the immediate transfer of the funds to plaintiff, the funds totaling $65,008.99, and defendant refused. Thereafter, plaintiff filed a two...

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