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GALLAGHER CORP. v. RUSS

No. 1-97-4398.

721 N.E.2d 605 (1999)

309 Ill. App.3d 192

242 Ill.Dec. 326

GALLAGHER CORPORATION, an Illinois corporation, and the Gallagher Corporation Employee Defined Benefit Pension Plan, Plaintiffs-Appellants, v. Steven B. RUSS, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied November 22, 1999 and December 21, 1999.

As Modified November 24, 1999 and December 23, 1999.

Attorney(s) appearing for the Case

Hedberg, Tobin, Flaherty & Whalen, Chicago (Edward J. Whalen, Edmund M. Tobin, of counsel), for Appellant.

Clausen Miller P.C., Chicago (Edward M. Kay, James O. Nolan, Richard M. Kaplan, Imelda Terrazino, of counsel), for Appellee.

SECOND MODIFIED OPINION ON DENIAL OF REHEARING

Justice ZWICK delivered the opinion of the court:

This is an appeal from the circuit court's dismissal, pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 1998)), of a Fifth Amended Complaint filed by plaintiffs Gallagher Corporation (Gallagher) and Gallagher Corporation Employee Defined Benefit Pension Plan (the plan). Defendant, Steven B. Russ, is a licensed actuary who furnished...

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