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ESHAGHI v. HANLEY DAWSON CADILLAC CO.

No. 1-90-1887.

574 N.E.2d 760 (1991)

214 Ill. App.3d 995

158 Ill.Dec. 647

Behzad ESHAGHI, individually and on behalf of all persons similarly situated, Plaintiff-Appellant, v. HANLEY DAWSON CADILLAC COMPANY, INC. and Hanley Dawson, Jr., Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

June 5, 1991.

Attorney(s) appearing for the Case

Alexander, Finnerty & Green, Chicago, for plaintiff-appellant.

Rosenthal and Schanfield, Chicago (Robert R. Tepper and Lynn M. Esp, of counsel), for defendants-appellees.

Justice GREIMAN delivered the opinion of the Court:

Plaintiff, Behzad Eshaghi, filed an interlocutory appeal from an order of the circuit court denying plaintiff's motion for class certification because the plaintiff failed to show (1) he was a member of the class he sought to represent and (2) common questions of law and fact predominate.

Although we agree that plaintiff is unable to show himself to be a member of the proposed class of those customers of...

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