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DOWNS v. ROSENTHAL COLLINS GROUP, LLC

No. 1-08-0636.

895 N.E.2d 1057 (2008)

Michael A. DOWNS, Plaintiff-Appellant, v. ROSENTHAL COLLINS GROUP, L.L.C., Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

September 17, 2008.

Attorney(s) appearing for the Case

Steven C. Florsheim, Daniel A. Shmikler, Michael G. Dickler, Sperling & Slater, P.C., Chicago, IL, for Plaintiff-Appellant.

Jeffrey Schulman, Wolin, Kelter & Rosen, Ltd., Chicago, IL, for Defendant-Appellee.

Presiding Justice MURPHY delivered the opinion of the court:

On September 19, 2007, plaintiff, Michael A. Downs, filed a complaint against defendant, Rosenthal Collins Group, L.L.C., for breach of contract and declaratory judgment. Plaintiff alleged that defendant breached its Operating Agreement by failing to indemnify plaintiff for attorney fees incurred in his successful defense of claims of breach of fiduciary duty...

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