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WITTERS v. HICKS

Nos. 5-01-0660, 5-01-0631.

780 N.E.2d 713 (2002)

335 Ill. App.3d 435

269 Ill.Dec. 241

C. Michael WITTERS and Diane Witters, Individually and Derivatively on Behalf of Midwest Transit, Inc., Plaintiffs-Appellees, v. Hal D. HICKS, Defendant-Appellant (Midwest Transit, Inc., Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted November 21, 2002.

Attorney(s) appearing for the Case

John F. Theil, Lyndon P. Sommer, Sandberg, Phoenix & von Gontard, P.C., St. Louis, MO, for Appellant.

Brad A. Elward, Heyl, Royster, Voelker & Allen, Peoria, for C. Michael Witters and Diane Witters.

Terry Sharp, Law Office of Terry Sharp, P.C., Vernon; Sharon D. Shanahan, Law Offices of Sharon Shanahan, Goreville, for Midwest Transit, Inc.

Justice RARICK delivered the opinion of the court:

On January 21, 2000, Michael and Diane Witters filed, in the circuit court of Lawrence County, a shareholders action, individually and derivatively, against Hal Hicks and Midwest Transit, Inc. (MWT). MWT transports United States mail under contracts obtained from the United States Postal Service. Count I was brought pursuant to section 12.56 of the Business Corporation ...

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