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KIEFER v. RUST-OLEUM CORP.

No. 1-08-2879.

916 N.E.2d 22 (2009)

333 Ill.Dec. 903

Colin KIEFER, Plaintiff-Appellant, v. RUST-OLEUM CORPORATION and United States Can Corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied October 14, 2009.

Attorney(s) appearing for the Case

Hegarty & Heath (Terrence K. Hegarty, Timothy W. Heath, of Counsel), Chicago, IL, for Appellant.

Wildman, Harrold, Allen & Dixon LLP (Mark L. Durbin, Matthew M. Garrett, of Counsel), Chicago, IL, for Appellee Rust-Oleum Corporation.

Pretzel & Stouffer, Chartered (Robert Marc Chemers, Donald J. O'Meara, David S. Osborne, Rick P. Kenyon, of Counsel), for Appellee U.S. Can Corporation.

Presiding Justice ROBERT E. GORDON delivered the opinion of the court:

This is an appeal from an order of the circuit court of Cook County dismissing the instant cause "with prejudice" pursuant to section 2-619(a)(4) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(4) (West 2006)), as barred by the doctrine of res judicata. We affirm for the reasons set forth below.

BACKGROUND

The only issue raised in this appeal is whether the trial...

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