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KEY v. JEWEL COS.

No. 87-3881.

176 Ill. App.3d 91 (1988)

530 N.E.2d 1061

JOHN KEY et al., Indiv. and as representatives of the class of persons similarly situated and commonly referred to as "Operators of White Hen Pantries," Plaintiffs-Appellants, v. JEWEL COMPANIES, INC., Defendant-Appellee.

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

Opinion filed October 31, 1988.

Attorney(s) appearing for the Case

Hartunian, Futterman & Howard, Chartered, of Chicago (Aram A. Hartunian and James G. Bradtke, of counsel), for appellants.

McDermott, Will & Emery, of Chicago (Wilber H. Boies, N. Rosie Rosenbaum, and Paul J. Kozacky, of counsel), for appellee.

Judgment affirmed.

JUSTICE O'CONNOR delivered the opinion of the court:

This is an appeal from an order granting defendant Jewel Companies' motion to strike class action allegations from plaintiffs' second amended complaint. Interlocutory appeal was allowed pursuant to Supreme Court Rule 308. (107 Ill.2d R. 308.) The following questions were certified for appeal:

"(1) Whether the trial court erred under section 2-801 of the Illinois Code of Civil...

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