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IMPERIAL APPAREL v. COSMO'S DESIGNER DIRECT

No. 1-05-2744.

853 N.E.2d 770 (2006)

IMPERIAL APPAREL, LTD., Cyril Rosengarten, and Paul Rosengarten, Plaintiffs-Appellants, v. COSMO'S DESIGNER DIRECT, INC., an Illinois Corporation, and Chicago Sun-Times, Inc., a Delaware Corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

As Modified Upon Denial of Rehearing July 31, 2006.

Attorney(s) appearing for the Case

Edward W. Feldman, Jennifer E. Smiley, Miller Shakman & Hamilton, LLP, Chicago, for Appellants.

James M. Wolf, Wolf & Tennant, Chicago, for Appellee Cosmo's Designer Direct, Inc.

Damon E. Dunn, Eric D. Bolander, Funkhouser Vegosen Liebman & Dunn, Ltd., Chicago, for Appellee Chicago Sun-Times, Inc.

Presiding Justice HOFFMAN delivered the modified opinion of the court:

The plaintiffs, Imperial Apparel, Ltd. (Imperial), Cyril Rosengarten and Paul Rosengarten, appeal from an order of the circuit court dismissing their five-count complaint for failure to state a cause of action. For the reasons which follow, we affirm in part, reverse in part, and remand this cause for further proceedings.

The facts necessary to an understanding of our resolution of this...

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