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BATTAGLIA v. BATTAGLIA

No. 1-92-0445.

596 N.E.2d 712 (1992)

231 Ill. App.3d 607

173 Ill.Dec. 88

Joseph L. BATTAGLIA, Plaintiff-Appellee, v. Frank P. BATTAGLIA, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

June 30, 1992.

Attorney(s) appearing for the Case

DeWolfe Poynton & Stevens, Chicago (John C. DeWolfe, Jr., William J. Stevens, of counsel), for defendant-appellant.

Grippo & Elden, Chicago (Theodore W. Grippo, Irving C. Faber, Eric D. Brandfonbrener, of counsel), for plaintiff-appellee.

Justice DiVITO delivered the opinion of the court:

Plaintiff Joseph L. Battaglia brought suit for injunctive relief against his brother and co-owner of Battaglia Holding, Inc., Frank P. Battaglia, alleging breach of fiduciary duty, breach of a shareholders agreement, breach of an oral agreement, and fraud, resulting from Frank's purchase of 3000 shares of Battaglia Holding from their brother Anthony Battaglia. Following...

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