GEARY v. DOMINICK'S FINER FOODS, INC.

Nos. 86-2523, 86-2529 cons.

167 Ill. App.3d 1 (1988)

520 N.E.2d 968

ADRIENNE GEARY et al., suing for themselves and on behalf of others similarly situated, Plaintiffs-Appellees, v. DOMINICK'S FINER FOODS, INC., et al., Indiv. and as representative defendants, et al., Defendants-Appellants.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed February 16, 1988.


Attorney(s) appearing for the Case

Judson H. Miner, Corporation Counsel, of Chicago (Ruth M. Moscovitch and Jennifer A. Keller, Assistant Corporation Counsel, of counsel), for appellants City of Chicago and Charles Sawyer.

Glenn E. Schreiber, of Chicago (Madigan & Getzendanner, of counsel), for appellant Dominick's Finer Foods, Inc.

Charles G. Chester and Thomas H. Donohoe, both of Chicago (Martin, Craig, Chester & Sonnenschein, of counsel), for appellant Jewel Food Stores, Inc.

Michael D. Sher, of Chicago (Neal, Gerber & Eisenberg, of counsel), for appellant Walgreen Co.

Sidney N. Herman, Jonathan B. Newcomb, and Miriam M. Bahcall, all of Chicago (Kirkland & Ellis, of counsel), for appellant K mart Corporation.

Sidney Z. Karasik and Anne M. Burke, both of Chicago, for appellees.


Judgment reversed.

JUSTICE SCARIANO delivered the opinion of the court:

This class action arises out of the payment of various State and local taxes on the purchase of certain hygienic products. The named plaintiffs are three women who bought tampons and sanitary napkins from certain retailers in the City of Chicago and who paid the city's sales tax on those purchases. The defendants are four retailers: Dominick...

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