Aretha Franklin fans may have been disappointed, but they can't sue the singer for missing a performance at last year's Chicago Music Festival, a Chicago judge has ruled.

Judge Thomas O'Brien on Tuesday dismissed a class action lawsuit against Franklin and promoter Pervis Spann, head of Delta Productions.Franklin didn't appear because she hadn't been paid, said her lawyer, Stephen Voris.

About 15,000 people showed up at Soldier Field for the concert, expecting to see Franklin, The Dells and Little Richard, none of whom showed. Only James Brown and three local acts performed. Franklin was the only artist sued.

A separate lawsuit filed by Cook County State's Attorney Jack O'Malley charges Delta Productions with violating the consumer fraud act. It seeks restitution for ticket holders and asks that Spann be banned for life from presenting concerts in Illinois.

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Franklin's hits include "Respect" and "Freeway of Love."

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