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BERLIN v. SARAH BUSH LINCOLN HLTH. CENTER

No. 81059.

688 N.E.2d 106 (1997)

179 Ill.2d 1

227 Ill.Dec. 769

Richard B. BERLIN, Jr., M.D., Appellee, v. SARAH BUSH LINCOLN HEALTH CENTER, Appellant.

Supreme Court of Illinois.

October 23, 1997.

Attorney(s) appearing for the Case

Michael Duffy, Gardner, Carton & Douglas, Chicago, Henry E. Kramer, Brainard, Bower & Kramer, Charleston, for Sarah Bush Lincoln Health Center.

D. Cameron Dobbins, Dobbins, Fraker, Tennant, Joy & Perlstein, Champaign, for Richard B. Berlin, Jr.

Randolph M. Johnston, Asst. State's Attorney, Chicago, for County of Cook.

Fredric J. Entin, American Hospital Association, Chicago, for American Hospital Association.

Thaddeus J. Nodzenski, Illinois Hospital & Healthsystems Assn., Naperville, Michael R. Callahan, Katten, Muchin & Zavis, Chicago, for Illinois Hospital & Healthsystems Association and Metropolitan Chicago.

Bruce L. Carmen, Hinshaw & Culbertson, Chicago, for OSF HealthCare System.

Joseph T. Butz, Clousson & Butz, Chicago, for McLean Area Medical Association.

Robert J. Kane, Springfield, for Illinois State Medical Society.

William E. Feurer, Springfield, for Illinois State Dental Society.

Justice NICKELS delivered the opinion of the court:

Plaintiff, Richard Berlin, Jr., M.D., filed a complaint for declaratory judgment and a motion for summary judgment seeking to have a restrictive covenant contained in an employment agreement with defendant, Sara Bush Lincoln Health Center (the Health Center), declared unenforceable. The Circuit court of Coles County, finding the entire employment agreement unenforceable, granted summary judgment in favor of Dr. Berlin...

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