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GONNELLA BAKING v. CLARA'S PASTA DI CASA

No. 1-01-3039.

786 N.E.2d 1058 (2003)

337 Ill. App.3d 385

272 Ill.Dec. 224

GONNELLA BAKING COMPANY, an Illinois Corporation, Plaintiff-Appellant, v. CLARA'S PASTA DI CASA, LTD., an Illinois Corporation, Defendant (Clara MeIchiorre, Defendant-Appellee).

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied March 14, 2003.

Attorney(s) appearing for the Case

Michael D. Weis, Northbrook, for Appellant.

Michael D. Canulli, Oak Brook, for Appellee.

Presiding Justice McBRIDE delivered the opinion of the court:

Plaintiff Gonnella Baking Company filed suit against defendants Clara's Pasta di Casa, Ltd., an Illinois corporation (count I), and Clara Melchiorre, the president of the corporation (count II), for failing to pay for goods delivered to defendants. The trial court granted Melchiorre's motion to dismiss count II pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Code)(735 ILCS 5/2-619(a)(9)...

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