Marvel of Illinois, Inc. v. Marvel Contaminant Control Industries, Inc.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-00-0074 Rel

Case Date: 01/31/2001

January 31, 2001

No. 2--00--0074

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

MARVEL OF ILLINOIS, INC., and
MARVEL ENGINEERING TRUST,

Plaintiffs-Appellants,

MARVEL CONTAMINANT CONTROL
INDUSTRIES, INC., FOREST
G. NICCUM, DORIS NICCUM,
SHARON KIRBY, and FRANK KIRBY,

Defendants-Appellees

(John R. Meyer, Appellant).

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Appeal from the Circuit Court
of Du Page County.

No. 99--L--0193

Robert K. Kilander,
Judge, Presiding

JUSTICE O'MALLEY delivered the opinion of the court:

Plaintiffs, Marvel of Illinois, Inc. (Marvel of Illinois), and Marvel Engineering Trust (Marvel Engineering Trust), appealthe circuit court's order granting defendants' motion to dismiss plaintiffs' complaint against Marvel Contaminant ControlIndustries, Inc. (MCC); Forest G. Niccum (Niccum); Niccum's wife, Doris Niccum; Sharon Kirby; and Frank Kirby andimposing sanctions against plaintiffs and their attorney, John R. Meyer (Meyer). Meyer appeals the circuit court's orderimposing sanctions against him individually. We affirm and grant defendants' request for sanctions against plaintiffs andMeyer individually for bringing a frivolous appeal.

BACKGROUND

In 1989, Niccum, MCC, and Marvel Engineering Company (Marvel Engineering Company) filed suit in the United StatesDistrict Court for the Northern District of Illinois against Meyer, individually and as trustee of MEC Trust No. 1 (MECTrust); Marvel Industries, Inc. (Marvel Industries); MEC Enterprises (MEC); and certain other companies not relevant tothis appeal. Niccum claimed that Meyer exercised undue influence in obtaining money and property from the plaintiffswhile providing them legal services. Jurisdiction was alleged under the Racketeer Influenced and Corrupt Organization Act(18 U.S.C.