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KAY v. PROLIX PACKAGING, INC.

Docket No. 1-11-2455.

993 N.E.2d 39 (2013)

2013 IL App (1st) 112455

373 Ill. Dec. 39

Barry KAY, Plaintiff-Appellant and Cross-Appellee, v. PROLIX PACKAGING, INC., Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied June 28, 2013.

Attorney(s) appearing for the Case

Steven M. Mora , of Chicago, for appellant.

Barry C. Kessler & Associates, of Glenview ( Barry C. Kessler and Laurence P. Becker , of counsel), for appellee.

OPINION

Justice HYMAN delivered the judgment of the court, with opinion.

¶ 1 After defendant Prolix Packaging, Inc. purchased the assets of plaintiff's business through an assignment for the benefit of creditors, Prolix employed plaintiff Barry Kay as a salesperson. Some five years later Prolix sold its business to a third party and, thereafter, Kay sued Prolix for allegedly failing to pay certain sales commissions under the employment agreement. The...

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