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SMITH v. CHEMICAL PERSONNEL SEARCH, INC.

No. 1-90-2080.

576 N.E.2d 340 (1991)

215 Ill. App.3d 1078

159 Ill.Dec. 671

Richard SMITH, Plaintiff/Counterdefendant/Appellee, v. CHEMICAL PERSONNEL SEARCH, INC., Defendant/Counterplaintiff/Appellant.

Appellate Court of Illinois, First District, Second Division.

June 28, 1991.

Attorney(s) appearing for the Case

Rivkin, Radler, Bayh, Hart & Kremer, Chicago (Irving B. Levinson and Mary F. Licari, of counsel), for defendant/counterplaintiff/appellant.

Walters & Walters, Chicago (Carol A. Walters and Garry H. Walters, of counsel), for plaintiff/counter-defendant/appellee.

Justice HARTMAN delivered the opinion of the court:

Defendant, Chemical Personnel Search, Inc. (CPS), appeals the dismissal of its counterclaim, which sought injunctive relief for plaintiff's alleged breach of covenants not to compete. The issues presented on appeal are whether (1) plaintiff's motion to dismiss the counterclaim was improperly brought under section 2-619 of the Code of Civil Procedure (Code) (Ill.Rev.Stat.1989, ch. 110, par. 2-619); (2) CPS was collaterally...

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