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TROSSMAN v. PHILIPSBORN

No. 1-04-0588.

869 N.E.2d 1147 (2007)

Don C. TROSSMAN, Plaintiff and Counterdefendant-Appellee, v. Thomas D. PHILIPSBORN, Andrew I. Philipsborn, Daniel C. Bartok and John J. Lynch, Defendants and Counterplaintiffs-Appellants (Oak Park Partners, Ltd., and Burnham Investors, Ltd., The Philipsborn Company, Philipsborn Development Corp., and Clarion Development Limited Partnership, Defendants).

Appellate Court of Illinois, First District, Sixth Division.

June 8, 2007.

Attorney(s) appearing for the Case

Kenneth L. Gillis, Leon Zelechowski, Chicago, for Appellants.

Tabet DiVito & Rothstein, LLC, Chicago (Gino L. DiVito, Karina DeHayes, Michael Grant, of counsel), for Appellee.

Justice JOSEPH GORDON delivered the opinion of the court:

Plaintiff Don C. Trossman originally commenced this action in the chancery division seeking to compel profit distributions due to him from defendants Oak Park Partners, Ltd. (Oak Park Partners), and Burnham Investors, Ltd. (Burnham Investors), in both of which he was a limited partner. Defendants Thomas D. Philipsborn and John J. Lynch filed a counterclaim for pro rata contribution or, in the alternative...

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