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ARMSTRONG v. GUIGLER

No. 79354.

673 N.E.2d 290 (1996)

174 Ill.2d 281

220 Ill.Dec. 378

Ralph E. ARMSTRONG et al., Appellees, v. Walter F. GUIGLER et al., Appellants.

Supreme Court of Illinois.

Rehearing Denied December 2, 1996.

Attorney(s) appearing for the Case

Bozeman, Neighbour, Patton & Noe, Moline (John P. Harris, of counsel), for appellants Walter F. Guigler and Russell V. Smith.

Heyl, Royster, Voelker & Allen, Peoria (Karen L. Kendall, Brad A. Elward, William I. Covey, Gary D. Nelson and Craig L. Unrath, of counsel), for appellant Robert F. Smith, d/b/a The Bob Smith Agency.

Thomas E. Leiter and Garrett K. Williams, of The Leiter Group, Peoria, for appellees.

Justice McMORROW delivered the opinion of the court:

In this case, we are asked to decide whether the 10-year statute of limitations for actions on a written contract (735 ILCS 5/13-206 (West 1992)), or the five-year statute of limitations for "all civil actions not otherwise provided for" (735 ILCS 5/13-205 (West 1992)), applies to a cause of action for breach of an implied fiduciary duty. A divided appellate court held...

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