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JANOWIAK v. TIESI

No. 1-09-1273.

932 N.E.2d 569 (2010)

Michael H. JANOWIAK, Individually, and as Trustee of the Michael H. Janowiak Trust Under the Janowiak GST Trust, Dated October 1, 1995, Plaintiff-Appellant, v. Angelo F. TIESI, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied July 8, 2010.

Attorney(s) appearing for the Case

Richard C. Leng, Law Offices of Richard C. Leng, Barrington, IL, for Plaintiff-Appellant.

Michael L. Shakman, Diane Klotnia, Daniel M. Feeney, Alexandra Block, Miller Shakman & Beem LLP, Chicago, IL, for Defendant-Appellee.

MODIFIED OPINION UPON DENIAL OF REHEARING

Presiding Justice TOOMIN delivered the modified opinion of the court:

In this appeal, we review the circuit court's dismissal of plaintiff's complaint alleging causes of action for breach of fiduciary duty and fraud. In the case sub judice, plaintiff alleged that defendant breached his fiduciary duty to plaintiff as trustee of an irrevocable family trust by failing to disclose material information concerning...

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