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AIDA v. TIME WARNER ENTERTAINMENT CO., L.P.

No. 1-01-3827.

772 N.E.2d 953 (2002)

332 Ill. App.3d 154

265 Ill.Dec. 582

AIDA, an Illinois not-for-profit corporation, Plaintiff-Appellant, v. TIME WARNER ENTERTAINMENT COMPANY, L.P., a Delaware limited partnership, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied August 5, 2002.

Attorney(s) appearing for the Case

Enrico J. Mirabelli, Michael J. Pollelle, Chicago, for Appellant.

Timothy D. Elliott, Kirkland & Ellis, Chicago, Kirkland & Ellis, Thomas D. Yannucci, Christopher Landau, Elizabeth S. Petrela, Washington, DC, for Appellee.

Justice SOUTH delivered the opinion of the court:

This case arises from the trial court's order granting Time Warner Entertainment Company's (Time Warner) motion to dismiss the complaint of the American Italian Defense Association (AIDA).

AIDA, an Illinois not-for-profit organization made up of over 100 members, was formed for the following purpose, set forth in its articles of incorporation:

"The corporation is organized * * * for * * * educational...

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