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BYER CLINIC & CHIROPRACTIC, LTD. v. STATE FARM FIRE & CASUALTY COMPANY

No. 1-11-3038.

2013 IL App (1st) 113038

BYER CLINIC AND CHIROPRACTIC, LTD., Individually and as the Representative of a Class of Similarly-Situated Persons, Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, ENIVA USA, INC., ENIVA INTERNATIONAL, INC., ENIVA IC-DISC, INC., KAPRAUN, P.C., and DR. MICHAEL KAPRAUN, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

Rehearing denied April 10, 2013.

Attorney(s) appearing for the Case

Anderson & Wanca, of Rolling Meadows ( Brian J. Wanca , David M. Oppenheim , and Jeffrey A. Berman , of counsel), and Bock & Hatch, LLC, of Chicago ( Phillip A. Bock , of counsel), for appellant.

Dykema Gossett PLLC, of Chicago ( Rosa Tumialan , of counsel), for appellees.

Justices Quinn and Connors concurred in the judgment and opinion.

OPINION

PRESIDING JUSTICE HARRIS delivered the judgment of the court, with opinion.

¶ 1 Plaintiff Byer Clinic & Chiropractic, Ltd. (Byer), appeals the order of the circuit court denying its motion to reconsider the court's dismissal, pursuant to section 2-619(a)(9) of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2008)), of Byer's declaratory judgment action against defendant State Farm Fire & Casualty Company (State...

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