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EYCHANER v. GROSS

Nos. 1-98-3573, 1-98-4735.

747 N.E.2d 969 (2001)

321 Ill. App.3d 759

254 Ill.Dec. 557

Fred EYCHANER and Betty Lou Weiss, Plaintiffs-Appellants, v. Theodore GROSS and Roosevelt University, an Illinois Not-For-Profit Corporation, Defendants-Appellees, Counterdefendants-Appellees and Counterplaintiffs-Appellees (Auditorium Theatre Council, an Illinois Not-For-Profit Corporation, Defendant-Appellant and Counterplaintiff-Appellant; Auditorium Theatre Council, an Illinois Not-For-Profit Corporation, Fred Eychaner and Betty Lou Weiss, Counterdefendants-Appellants).

Appellate Court of Illinois, First District, First Division.

March 30, 2001.

Attorney(s) appearing for the Case

Quinlan & Crisham, Ltd. (William R. Quinlan, of counsel), McDermott, Will & Emery (Donald B. Hilliker and Marie A. Halpin, of counsel), Chicago, for Plaintiffs-Appellants Fred Eychaner & Betty Lou Weiss.

Winston & Strawn, Chicago (Terry M. Grimm, Julie A. Bauer and Mary Pat Benz, of counsel), for CounterPlaintiff-Appellant Auditorium Theatre Council.

Sidley & Austin (William F. Conlon, Susan A. Stone and Neil Wyland, of counsel), David A. Epstein, Ltd. (David A. Epstein, of counsel), Chicago, for Defendant-Appellee Roosevelt University.

Justice FROSSARD delivered the opinion of the court:

Plaintiffs, Fred Eychaner and Betty Lou Weiss, as directors of the Auditorium Theater Council (Council) and the Auditorium Theatre Council, an Illinois not-for-profit corporation (ATC) (collectively referred to as plaintiffs) brought this action to prevent Roosevelt University (Roosevelt) and its president, Theodore Gross (collectively referred to as defendants), from transferring funds from the Auditorium Theatre...

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