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EOVALDI v. FIRST NAT. BANK OF CHICAGO

Nos. 76-1263, 76-1264.

596 F.2d 188 (1979)

Thomas L. EOVALDI, etc., Plaintiff-Appellee and Cross-Appellant, v. The FIRST NATIONAL BANK OF CHICAGO, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 2, 1979.

Reconsideration Denied April 27, 1979.

Attorney(s) appearing for the Case

Alan I. Becker, Kirkland & Ellis, Chicago, Ill., for defendant-appellant and cross-appellee.

Aram A. Hartunian, Chicago, Ill., for plaintiff-appellee and cross-appellant.

Before FAIRCHILD, Chief Judge, SWYGERT and WOOD, Circuit Judges.

FAIRCHILD, Chief Judge.

Defendant Bank has appealed from a judgment against it for $127,899 and attorney's fees. The principal amount is to be distributed in equal shares among a class of BankAmeriCard cardholders. The judgment was entered on plaintiff's amended Count II on the theory that when the Bank, having agreed to provide monthly statements, omitted a separate statement for one month as an incident of a shift in the beginning dates of its monthly billing period...

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