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KIRKRUFF v. WISEGARVER

No. 4-97-0667.

697 N.E.2d 406 (1998)

297 Ill. App.3d 826

231 Ill.Dec. 852

Jo Ann KIRKRUFF and James L. Armstrong, as Trustees of the Helen B. Armstrong Family Trust, Plaintiffs-Appellees and Cross-Appellants, v. Tad WISEGARVER, d/b/a Tad Wisegarver Real Estate, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Fourth District.

Decided June 26, 1998.

Attorney(s) appearing for the Case

Michael J. Tague (argued), Flynn, Palmer & Tague, Champaign, for Tad T. Wisegarver.

James A. Martinkus (argued), Erwin, Martinkus & Cole, Ltd., Champaign, for Jo Ann Kirkruff.

Justice STEIGMANN delivered the opinion of the court:

In December 1994, plaintiffs, Jo Ann Kirkruff and James L. Armstrong, as trustees of the Helen B. Armstrong Family Trust (the Trust), filed suit against defendant, Tad Wisegarver, alleging, inter alia, that Wisegarver breached his fiduciary duty (count I) and violated the Consumer Fraud and Deceptive Business Practices Act (Act) (815 ILCS 505/1 et seq. (West 1994)) (count III) in his capacity as their...

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