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SPILLYARDS v. ABBOUD

Nos. 1-93-3866, 1-94-0075.

662 N.E.2d 1358 (1996)

278 Ill. App.3d 663

215 Ill.Dec. 218

David SPILLYARDS, individually and on behalf of all others similarly situated and derivatively on behalf of Hartmarx Corporation, Plaintiff-Appellant, v. A. Robert ABBOUD, Letitia Baldrige, Jeffrey Cole, Raymond Farley, Elbert Hand, Miles Marsh, Charles Marshall, Sam Segnar, Harvey Weinberg, Donald P. Jacobs and Hartmarx Corporation, as Defendant and Nominal Defendant. Defendant-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied April 3, 1996.

Attorney(s) appearing for the Case

Holstein, Mack & Klein, Chicago (Robert A. Holstein, Aron D. Robinson, Gina R. Fietsam, of counsel), for Appellant.

Susan Getzendanner, Charles F. Smith, Michael E. Gehring, Skadden, Arps, Slate, Meagher and Flom, Chicago, IL, for Appellees.

Justice GORDON Delivered the opinion of the court:

Plaintiff, David Spillyards, an individual shareholder of defendant, Hartmarx Corporation (Hartmarx), appeals from the dismissal, pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 1992)), of his third amended class action and derivative complaint and amended rule 224 petition (134 Ill.2d R. 224). Plaintiff's complaint1 was brought against the defendant directors...

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