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BROOKS v. MIDAS-INTERNATIONAL CORP.

No. 62159.

47 Ill. App.3d 266 (1977)

361 N.E.2d 815

DONALD J. BROOKS et al., Plaintiffs-Appellants, v. MIDAS-INTERNATIONAL CORPORATION, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Opinion filed March 24, 1977.

Attorney(s) appearing for the Case

Jonas, Schey & Associates, of Chicago (Alan L. Jonas and Edward Cooper, of counsel), for appellants.

Kirkland & Ellis, of Chicago (E. Houston Harsha and Garrett B. Johnson, of counsel), for appellee.

Affirmed in part, and reversed and remanded in part.

Mr. JUSTICE LINN delivered the opinion of the court:

Plaintiffs appeal from the dismissal of those counts of its amended complaint which alleged a class action. The sole issue on appeal is whether the amended complaint sets forth facts sufficient to maintain a class action suit.

Plaintiff Brooks' counts of the amended complaint alleged that, although defendant guarantees that a replacement muffler...

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