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COMMUNITY MERCHANT SERVICES, INC. v. JONAS

No. 4-04-0343.

822 N.E.2d 515 (2004)

354 Ill. App.3d 1077

290 Ill.Dec. 930

COMMUNITY MERCHANT SERVICES, INC., an Illinois Corporation, Plaintiff-Appellant and Cross-Appellee, v. Samuel K. JONAS, Individually; Cash Resources, Inc., a Colorado Corporation; and Mediachoicetv.com, Inc., a Colorado Corporation Doing Business as Convenientv.com, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Fourth District.

Decided December 23, 2004.

Attorney(s) appearing for the Case

Thomas J. Arkell (argued), Dunn, Stanczak, Willard, Arkell & Bugg, Bloomington, for Community Merchant Services, Inc.

Richard E. Stites (argued), Livingston, Barger, Brandt & Schroeder, Bloomington, Steven W. Kelly, Silver & DeBoskey, P.C., Denver, CO, for Samuel K. Jonas.

Thomas J. Arkell, for Appellant.

Richard E. Stites, for Appellee.

Justice MYERSCOUGH delivered the opinion of the court:

In January 2002, in McLean County, Illinois, plaintiff, Community Merchant Services, Inc. (Community), filed a complaint against defendants, Samuel K. Jonas, individually, Cash Resources, Inc. (Cash Resources), and MediachoiceTV.com, Inc., doing business as ConvenienTV.com (CTV). Community's complaint alleged breach of contract and alter-ego claims. An amended complaint filed in August 2002 further alleged breach...

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