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FULTON-CARROLL CENTER v. INDUSTRIAL COUNCIL

No. 1-92-3760.

628 N.E.2d 1121 (1993)

256 Ill. App.3d 821

195 Ill.Dec. 657

FULTON-CARROLL CENTER, INC., an Illinois corporation, Plaintiff-Appellant, v. INDUSTRIAL COUNCIL OF NORTHWEST CHICAGO, INC., an Illinois not-for-profit corporation, Kinzie Industrial Development Corporation, an Illinois not-for-profit corporation, Andrew Goldsmith, in his individual and representative capacities, and John Farrell, Marvin Klein, Bill Leavy, Mike Mikalauskis, Charles Murray, Mike O'Hara, and David Schaff, Board Members and Members of the Executive Committee, in their individual and representative capacities, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

December 30, 1993.

Attorney(s) appearing for the Case

Richard J. Prendergast, Ltd., Chicago (Richard J. Prendergast and Jane F. Anderson, of counsel), for plaintiff-appellant.

Gottlieb & Schwartz, Chicago (Dennis C. Waldon, Stephen R. Chesler and Roy L. Bernstein, of counsel), for defendants-appellees.

Justice HOFFMAN delivered the opinion of the court:

The plaintiff, Fulton-Carroll Center, Inc., appeals from an order of the circuit court of Cook County dismissing its complaint for injunctive relief with prejudice based on a finding that it had an adequate remedy at law. We consider whether: (1) the appeal is moot because the plaintiff has raised the same claim in a counterclaim and a third-party complaint in a pending action which the defendants filed; (2) the...

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