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GRAHAM v. MIMMS

Nos. 80-3233, 81-0166 cons.

111 Ill. App.3d 751 (1982)

444 N.E.2d 549

RAYMOND G. GRAHAM et al., Plaintiffs-Appellees, v. FRANK W. MIMMS et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Opinion filed December 17, 1982.

Attorney(s) appearing for the Case

Reuben & Proctor, of Chicago (Don H. Reuben, Gary M. Elden, Andrew D. Eichner, and James A. Klenk, of counsel), for appellants Frank W. Mimms and Wyclif & Co.

Marconi & Morrison, of Chicago, for appellants Thomas Fuller and Sarah Fuller.

William J. Harte, Ltd., and Joyce & Kubasiak, P.C., both of Chicago (William J. Harte, Edward T. Joyce, and James E. Dahl, of counsel), for appellees Raymond G. Graham and James T. Rodgers.

Affirmed in part, and reversed in part and remanded.

JUSTICE LORENZ delivered the opinion of the court:

In the first of two consolidated appeals (Nos. 80-3233 and 81-0166), defendant Frank W. Mimms, the controlling shareholder in Mimms & Co., Inc., appeals from a judgment which found that he breached the fiduciary duties he owed to Mimms & Co. and its minority shareholders (plaintiffs Raymond G. Graham and James T. Rodgers) by misappropriating corporate...

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