Buzz Barton & Associates, Inc. v. Giannone

This is a direct appeal from an order of the circuit court of Du Page County, brought pursuant to our Rule 302(a) (94 Ill. 2d R. 302(a)). The circuit court found section 11 — 110 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 11- 110) unconstitutional as applied to the facts in the present case.

The present case involves a claim for damages arising out of the wrongful issuance of a preliminary injunction. The preliminary injunction was issued to enforce a restrictive covenant contained in an employment contract. The plaintiff, Buzz Barton & Associates, Inc., is the former…