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SUBWAY RESTAURANTS INC. v. RIGGS

No. 1-97-1836.

696 N.E.2d 733 (1998)

297 Ill. App.3d 284

231 Ill.Dec. 437

SUBWAY RESTAURANTS, INC., and Subway Central, Inc., a/k/a Subway Restaurants, Inc., Plaintiffs-Appellees, v. Dennis W. RIGGS, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

June 2, 1998.

Attorney(s) appearing for the Case

Neal C. Zazove & Associates, P.C., Chicago; Neal C. Zazove and Leslie A. Morse, and Reinert & Duree, P.C., St. Louis, MO: David M. Duree and Robert L. Carter, for Defendant-Appellant.

Wiggin & Dana, New Haven, CT, and Edward Wood Dunham and Kevin M. Kennedy, Sklodowski, Puchalski Patrick J. Keenan, for Plaintiffs-Appellees.

Presiding Justice McNULTY delivered the opinion of the court:

Plaintiffs, Subway Restaurants, Inc. and Subway Central, Inc. (both referred to herein as SRI), brought an action for forcible entry and detainer against defendant Dennis W. Riggs as a result of a breach of a sublease between SRI and defendant resulting from defendant's nonpayment of rent due for the premises where he operated his Subway franchise. Defendant filed a motion to dismiss SRI's amended complaint...

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