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SCHRAGER v. GROSSMAN

No. 1-98-3520.

752 N.E.2d 1 (2000)

321 Ill. App.3d 750

256 Ill.Dec. 456

Barry SCHRAGER, Plaintiff-Appellee, v. Jeffrey GROSSMAN, Donald Grauer, Barbara Lux, Midwestern Financial Consultants, Ltd., an Illinois Corporation, Highland Park Corporation, an Illinois Corporation, The Kimberly Anne Grossman Trust, The Trina Elyse Grossman Trust, The Kimberly Anne Grossman Subchapter S Trust, The Trina Elyse Grossman Subchapter S Trust, Allen Engerman, Michael Mandell, Bette Grossman, Eagle Partners, Ltd., 2780 Ridge Corporation, 1255 Building Corporation, Churchill Capital, Ltd., ENP II, an Illinois Limited Partnership, Churchill Venture One, Ltd., Magnolia Homes Corporation, Magnolia Estates Corporation, Oxford Funding Group, Ltd., Churchill Venture Ltd., and Executive Travel, Defendants-Appellants.

Appellate Court of Illinois, First District, First Division.

Rehearings Denied March 7, 2001 and June 7, 2001.

Attorney(s) appearing for the Case

David A. Novoselsky and Linda A. Bryceland, of David A. Novoselsky & Associates, Chicago, for Plaintiff-Appellee.

William J. Harte, Edward L. Foote, of Winston & Strawn, Fred Foreman, David V. Goodsir, of Freeborn & Peters, and Harry A. Young, Jr., of Young, Rosen, Dolgin & Finkel, Ltd., Chicago, for Defendants-Appellants.

Justice TULLY delivered the opinion of the court:

Defendants appeal from the circuit court's denial of their motion to dismiss plaintiff's complaint as violative of Illinois' single-refiling rule (735 ILCS 5/13-217 (West 1998)), as well as the principles of res judicata and collateral estoppel.

For the reasons which follow, we reverse.

First Filing

In April 1995, plaintiff filed a complaint in the United States District Court for the...

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