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LOHR v. HAVENS

No. 3-06-0930.

879 N.E.2d 386 (2007)

377 Ill. App.3d 233

Charles R. LOHR, Plaintiff-Appellee, v. Terry HAVENS, Individually and as a shareholder, director and officer of Phoenix Paper Products, Inc.; Samuel J. Morris, Individually and as a shareholder, director and officer of Phoenix Paper Products, Inc.; and Phoenix Paper Products, Inc., an Illinois Corporation, Defendants-Appellants.

Appellate Court of Illinois, Third District.

October 31, 2007.

Attorney(s) appearing for the Case

Sonya Naar (argued), Anne Auten, Emily S. Schlesinger, all of DLA Piper US LLP, Chicago, for appellants.

R.J. Lannon, Jr. (argued), Jill W. Klein, both of Herbolsheimer, Lannon, Henson, Duncan & Reagan, La Salle, for appellee.

Presiding Justice LYTTON delivered the opinion of the court:

Plaintiff Charles R. Lohr filed a complaint against defendants Terry Havens, Samuel J. Morris and Phoenix Paper Products, Inc., seeking nonpublic shareholder relief, including the purchase of all his shares, under the Business Corporations Act of 1983 (Act) (805 ILCS 5/12.56 (West 2002)). Havens filed an election to purchase plaintiff's shares under section 12...

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