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ROSE v. SEARS, ROEBUCK & CO.

Nos. 56775, 56776 cons.

12 Ill. App.3d 929 (1973)

299 N.E.2d 95

ALLEN J. ROSE, Individually and as Representative of the Class Similarly Situated, Plaintiff-Appellant, v. SEARS, ROEBUCK AND CO., Defendant-Appellee. WILLIAM MANSON, Individually and as Representative of the Class Similarly Situated, Plaintiff-Appellant, v. MONTGOMERY WARD & CO., INC., Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

June 11, 1973.

Attorney(s) appearing for the Case

B. John Mix, Jr., of Chicago, for appellants Allen J. Rose and William Manson.

Arnstein, Gluck, Weitzenfeld & Minow, of Chicago, (Burton Y. Weitzenfeld and Peter D. Kasdin, of counsel,) for appellee Sears Roebuck & Co.

Hopkins, Sutter, Owen, Mulroy & Davis, of Chicago, (Thomas R. Mulroy, William P. Sutter, William I. Goldberg, and Richard Bromley, of counsel,) for appellee Montgomery Ward & Co.

Judgment affirmed.

Mr. PRESIDING JUSTICE BURKE delivered the opinion of the court:

These cases originated as two class actions for injunctive relief and damages based on the defendants' practice of including both the 4% Illinois Use Tax and the 1% Municipal Retailers' Occupation Tax in the credit account balances to which a finance charge is applied. The trial court granted the defendants' motions to strike and dismiss the complaints, and the plaintiffs appeal...

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