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BALCOR INCOME PROPERTIES v. ARLEN REALTY

No. 80-2339.

95 Ill. App.3d 700 (1981)

420 N.E.2d 612

BALCOR INCOME PROPERTIES, LTD., Plaintiff-Appellant, v. ARLEN REALTY, INC., Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied May 26, 1981.

Attorney(s) appearing for the Case

Donald E. Egan and Lee Ann Watson, both of Katten, Muchin, Zavis, Pearl & Baller, of Chicago, for appellant.

Malcolm S. Kamin and Glen M. Zatz, both of Arvey, Hodes, Costello & Burman, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE STAMOS delivered the opinion of the court:

Balcor Income Properties (Balcor) brought an action against Arlen Realty, Inc. (Realty), and Arlen Management Corp. (Management), alleging breach of contract and breach of fiduciary duty. Counts I and III of the complaint set out Balcor's claims against Management; counts II and IV set out identical claims against Realty. On Realty's motion, the trial court dismissed counts II and...

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