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RAY v. WINTER

No. 48727.

67 Ill.2d 296 (1977)

367 N.E.2d 678

ROBERT RAY, Appellant, v. EMERSON J. WINTER et al., Appellees.

Supreme Court of Illinois.

Rehearing denied October 3, 1977.

Attorney(s) appearing for the Case

Hill & Caldwell, of Benton, for appellant.

Russell H. Classen, of Belleville, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE MORAN delivered the opinion of the court:

Plaintiff, Robert Ray, brought an action in the circuit court of Franklin County seeking the imposition of a constructive trust upon 40 acres of farmland owned by the defendants, Emerson and Joyce Winter, and damages for lost profits. Plaintiff alleged defendants committed fraud and/or breach of a fiduciary duty arising out of an arrangement reached by them...

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