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SMALL v. SUSSMAN

No. 1-98-1113.

713 N.E.2d 1216 (1999)

306 Ill. App.3d 639

239 Ill.Dec. 366

Richard A. SMALL, Plaintiff-Appellant, v. Paul SUSSMAN and Day Surgicenters, INC., Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

June 30, 1999.

Attorney(s) appearing for the Case

Plotkin, Jacobs & Orlofsky, Ltd., Chicago (Jonah Orlofsky, Karl Leinbeger, of counsel), for Appellant.

Katten Muchin & Zavis, Chicago (Bonita L. Stone, Paul A. Haskins, of counsel), for Appellees.

Justice ZWICK delivered the opinion of the court:

Plaintiff, Richard Small, was a minority shareholder in defendant, Day Surgicenters, Inc. (DSI). Defendant Paul Sussman was DSI's principal shareholder and was alleged in plaintiff's amended complaint to have controlled DSI as its dominant director and officer. The question presented in this appeal is whether the circuit court properly dismissed, pursuant to section 2-615 of the Code of Civil Procedure, plaintiff's...

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