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BURGHARDT v. REMIYAC

No. 2-89-1115.

565 N.E.2d 1049 (1991)

207 Ill. App.3d 402

152 Ill.Dec. 367

Laurie BURGHARDT, Plaintiff-Appellant, v. Cliff REMIYAC, et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

January 18, 1991.

Attorney(s) appearing for the Case

G. William Richards, George G. Weber, Law Office of G. William Richards, Aurora, for Laurie Burghardt.

Daniel M. Purdom, E. Jude Duffy III, Robert G. Black, Thomas A. Brabec, Stephen R. Swofford, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, for defendants-appellees.

Justice GEIGER delivered the opinion of the court:

The plaintiff, Laurie Burghardt, appeals from the trial court's order in her action for malicious prosecution granting summary judgment to the defendants, Cliff Remiyac, Gwen MacPhail, and Swanson True Value Hardware (Swanson). The sole issue that the plaintiff raises in this appeal is whether a nolle prosequi dismissal of the underlying criminal action can support the action for malicious prosecution. The...

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