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OMNITRUS MERGING v. ILLINOIS TOOL WORKS

No. 1-92-2761.

628 N.E.2d 1165 (1993)

256 Ill. App.3d 31

195 Ill.Dec. 701

OMNITRUS MERGING CORPORATION, Plaintiff-Appellant, v. ILLINOIS TOOL WORKS, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied June 1, 1994.

Attorney(s) appearing for the Case

Pope & John, Ltd., Chicago (Dean A. Dickie, John J. O'Shea, of counsel), for plaintiff-appellant.

Jenner & Block, Chicago (Joan M. Hall, Patricia A. Bronte, of counsel), for defendant-appellee.

Justice BUCKLEY delivered the opinion of the court:

Plaintiff, Omnitrus Merging Corporation, brought an action seeking rescission, indemnification, and damages against defendant, Illinois Tool Works, Inc., for defendant's alleged fraudulent misrepresentations and breach of certain warranties in relation to a merger agreement entered into between the parties. The trial judge granted defendant's motion for summary judgment (Ill.Rev.Stat. 1991, ch. 110, par. 2-1005 ...

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