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RUSSELL v. JIM RUSSELL SUPPLY, INC.

No. 5-88-0699.

200 Ill. App.3d 855 (1990)

558 N.E.2d 115

BILL RUSSELL, d/b/a Frank Russell and Son Trucking Company, Plaintiff-Appellant, v. JIM RUSSELL SUPPLY, INC., et al., Defendants-Appellees. — JIM RUSSELL SUPPLY, INC., Plaintiffs-Appellees, v. WILLIAM C. RUSSELL, d/b/a Frank Russell and Son Trucking Company, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied July 30, 1990.

Attorney(s) appearing for the Case

John Paul Womick & Associates, Chartered, of Carbondale, for appellant.

Robert E. Shaw, of Mitchell, Neubauer & Shaw, P.C., of Mt. Vernon, for appellees.

Reversed and remanded.

JUSTICE WELCH delivered the judgment of the court:

Plaintiff, Bill Russell, d/b/a Frank Russell and Son Trucking Company, filed suit seeking an injunction and damages against defendants Jim Russell and Jim Russell Supply, Inc. (hereinafter, JRS), for breach of a restrictive covenant not to compete contained in Jim and Bill Russell's partnership dissolution agreement. Defendants brought a separate action against plaintiff for declaratory...

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