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HAYNA v. ARBY'S, INC.

No. 80-864.

99 Ill. App.3d 700 (1981)

425 N.E.2d 1174

TRUDY LEE HAYNA, Plaintiff-Appellant and Cross-Appellee, v. ARBY'S, INC., et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — First District (5th Division).

Opinion filed August 21, 1981.

Attorney(s) appearing for the Case

McCarthy, Duffy, Neidhart & Snakard, of Chicago (Stephen A. Snakard, of counsel), for appellant.

Kirkland & Ellis, of Chicago (James H. Wallace, Jr., Thomas W. Queen, and Lawrence E. Strickling, of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Plaintiff, Trudy Lee Hayna, filed an amended complaint in two counts on behalf of herself and all persons similarly situated who purchased Arby's roast beef sandwiches within the three years preceding. She alleged misrepresentation in the advertising, promotion and sale of the sandwiches. Count I claimed damages pursuant to the Consumer Fraud and Deceptive...

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