POWERS v. ARACHNID, INC.

No. 2-92-1043.

617 N.E.2d 864 (1993)

248 Ill. App.3d 134

187 Ill.Dec. 407

Bernard M. POWERS, Plaintiff-Appellant, v. ARACHNID, INC., Defendant-Appellee (Michael Tillery, Defendant).

Appellate Court of Illinois, Second District.

July 29, 1993.


Attorney(s) appearing for the Case

Thomas D. Luchetti, Andrew C. Osen, Debra A. Delia, Thomas D. Luchetti P.C., Rockford, for Bernard M. Powers.

Scott C. Sullivan, Williams & McCarthy, Rockford, Joel T. Pelz, R. Edward Wilhoite, Jenner & Block, Rockford, for Arachnid, Inc.

Allen C. Schlinsog, Jenner & Block, Chicago.


Justice McLAREN delivered the opinion of the court:

Plaintiff, Bernard M. Powers, appeals from an order dismissing count I of his cause of action against defendant, Arachnid, Inc., pursuant to section 2-619(a)(4) of the Code of Civil Procedure. (735 ILCS 5/2-619(a)(4) (West 1992).) For the following reasons, we reverse and remand.

In June 1986, the parties entered into an employment contract whereby plaintiff assumed the duties as director of marketing and...

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