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SANTELLA v. KOLTON

Nos. 1-08-1329, 1-08-1357, 1-08-1847.

912 N.E.2d 1248 (2009)

Rick SANTELLA, Individually and Derivatively, as a Shareholder of Food Groupie, Inc., Plaintiff-Appellee, v. William KOLTON, Mary Kolton, and Food Groupie, Inc., Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

July 31, 2009.

Attorney(s) appearing for the Case

David S. Klevatt, Timothy M. Howe, Laura Parry, Alexis A. Bettis, Klevatt & Associates, LLC, Chicago, IL, for Appellants.

Alan J. Mandel, Alan J. Mandel, LTD., Skokie, IL, for Appellee.

Justice JOSEPH GORDON delivered the opinion of the court:

This matter arises from an order of the circuit court granting relief to plaintiff, Rick Santella, and against defendants William and Mary Kolton, under section 12.56 of the Business Corporation Act of 1983 (805 ILCS 5/12.56 (West 2006)). For the reasons that follow, we dismiss.

I. BACKGROUND

On October 31, 2005, plaintiff Rick Santella, a shareholder of an Illinois close corporation called...

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