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Cress v. Recreation Services, Inc.

Case Date: 07/07/2003
Court: 2nd District Appellate
Docket No: 2-01-1350 Rel

No. 2--01--1350

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

DONALD L. CRESS, ) Appeal from the Circuit
) Court of Du Page County.
              Plaintiff-Appellee and )
              Cross-Appellant, )
)
v. )
No. 97--L--703
)
RECREATION SERVICES, INC., )
LARRY M. DONOVAN, and RECREATION )
SERVICES, INC., DEFERRED  )
COMPENSATION PLAN,  )
)
) Honorable
               Defendants-Appellants and ) Hollis L. Webster,
               Cross-Appellees. ) Judge, Presiding.

JUSTICE O'MALLEY delivered the opinion of the court:

Defendants, Recreation Services, Inc. (RSI), Larry Donovan, and Recreational Services, Inc., Deferred Compensation Plan (Plan), appeal from a judgment entered in favor of plaintiff, Donald Cress, on his claims for breach of contract and tortious interference with contract, which were tried to a jury, and his claim for declaratory relief under the Employment Retirement Income Security Act (ERISA) (29 U.S.C.