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BUTITTA v. FIRST MORTG. CORP.

No. 1-90-2174.

578 N.E.2d 116 (1991)

218 Ill. App.3d 12

160 Ill.Dec. 937

Peter R. BUTITTA and Josephine B. Butitta, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. FIRST MORTGAGE CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

July 22, 1991.

Attorney(s) appearing for the Case

Much, Shelist, Freed, Denenberg, Ament & Eiger, P.C. (Michael J. Freed, Stuart M. Widman, and Christopher J. Stuart, of counsel), Chertow & Miller (Marvin Miller, of counsel), Chicago, and Greenberg & Teykl, P.C. (Daniel M. Greenberg, of counsel), Park Forest, for plaintiffs-appellants.

Donald A. Shapiro, Ltd. (Donald A. Shapiro, Frank A. Moscardini, Jr., of counsel), Chicago, for defendant-appellee.

Justice BUCKLEY delivered the opinion of the court:

Plaintiffs Peter Butitta and Josephine Butitta (Butittas), individually and on behalf of all others similarly situated, filed a class action for damages, injunctive and other relief against First Mortgage Corporation (First Mortgage). Plaintiffs appeal the dismissal of their complaint.

Butittas filed this class action under Illinois law on behalf of

"[a]ll persons or businesses, other than defendant...

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