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BYUNG MOO SOH v. TARGET MARKETING SYSTEMS

No. 1-03-2745.

817 N.E.2d 1105 (2004)

353 Ill. App.3d 126

288 Ill.Dec. 455

BYUNG MOO SOH, Plaintiff and Counterdefendant-Appellant, v. TARGET MARKETING SYSTEMS, INC., Defendant and Counterplaintiff-Third-Party Plaintiff-Appellee (Richard Koh, Defendant-Appellee; Buylateral.com PTE, Ltd., Defendant and Counterplaintiff-Third-Party Plaintiff v. Boraam Industries, LLC, Third-Party Defendant).

Appellate Court of Illinois, First District, Fourth Division.

September 30, 2004.

Attorney(s) appearing for the Case

McGuire Woods LLP, Chicago (William D. Serritella, Donald C. Pasulka and Brian Marquez, of counsel), for Appellant.

Holland & Knight LLP, Chicago (Malcolm H. Brooks and Laura A. Derouin, of counsel), for Appellee.

Presiding Justice REID delivered the opinion of the court:

The trial court granted the motion of defendants Target Marketing Systems, Inc. (TMS), and Richard Koh to dismiss. On appeal, the plaintiff, Byung Moo Soh, argues that the trial court erroneously interpreted an employee exemption found in section 2 of the Illinois Wage Payment and Collection Act (820 ILCS 115/2 (West 2002)). For the reasons that follow, we reverse the decision of the trial court and remand...

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