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KIRCHER v. PUTNAM FUNDS TRUST

No. 5-08-0260.

922 N.E.2d 1164 (2010)

Carl KIRCHER and Robert Brockway, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellees, v. PUTNAM FUNDS TRUST, Putnam Investment Management, LLC, Evergreen International Trust, and Evergreen Investment Management Company, LLC, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

Rehearing Denied February 16, 2010.

Attorney(s) appearing for the Case

Charles L. Joley, Donovan, Rose, Nester & Joley, P.C., Belleville, IL, James R. Carroll, Peter Simshauer, Skadden, Arps, Slate, Meagher & Flom LLP, Boston, MA, for Putnam Investment Management, LLC.

Rebecca R. Jackson, Bryan Cave LLP, St. Louis, MO, for Putnam Funds Trust, Evergreen International Trust, Evergreen Investment Management Company, LLC.

John D. Donovan, Jr., Ropes & Gray LLP, Boston, MA, for Putnam Funds Trust.

Jeffrey B. Maletta, K&L Gates LLP, Washington, DC, for Evergreen Investment Management Company, LLC.

Laura Steinberg, Sullivan & Worcester LLP, Boston, MA, for Evergreen International Trust.

Robert L. King, St. Louis, MO, Stephen M. Tillery, Klint L. Bruno, Korein Tillery LLC, Swansea, IL, George A. Zelcs, Korein Tillery LLC, Chicago, IL, for Robert Brockway and Carl Kircher.

Gary A. Meadows, HeplerBroom, Edwardsville, IL, Mark A. Perry, M. Dana Vancea, Gibson, Dunn & Crutcher LLP, Washington, DC, for amicus curiae The Investment Company Institute.

Justice SPOMER delivered the opinion of the court:

The defendants, Putnam Funds Trust, Putnam Investment Management, LLC, Evergreen International Trust, and Evergreen Investment Management Company, LLC, appeal, pursuant to Illinois Supreme Court Rule 308 (155 Ill.2d R. 308), from a December 20, 2007, order of the circuit court of Madison County, which denied their motion for a judgment on the pleadings with respect to the class action complaint filed by Carl Kircher...

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