CAUDLE v. SEARS, ROEBUCK AND CO.

No. 5-93-0071.

614 N.E.2d 1312 (1993)

245 Ill. App.3d 959

185 Ill.Dec. 627

Robert L. CAUDLE, Debrah K. Myaard, Joseph Tanecka, Sheryl Paul, and Alan R. Waltenberger, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. SEARS, ROEBUCK AND CO., Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied July 2, 1993.


Attorney(s) appearing for the Case

Arnstein & Lehr, Chicago (Michael A. Stiegel, Arthur L. Klein, Hal R. Morris, of counsel), Campbell, Black, Carnine & Hedin, Mt. Vernon (Terry R. Black, Jerome E. McDonald, of counsel), for defendant-appellant.

Christopher & Taylor, Indianapolis, IN (Rodney V. Taylor, of counsel), Lowe, Gray, Steele & Hoffman, Indianapolis, IN (Sydney Steele, of counsel), Law Offices of Morris Lane Harvey, Fairfield (Morris Lane Harvey, Michael J. Molt, of counsel), for plaintiffs-appellees.


Justice MAAG delivered the opinion of the court:

This is an interlocutory appeal pursuant to Supreme Court Rule 307(a)(1) (134 Ill.2d R. 307(a)(1)) from an order of the circuit court of Wayne County which denied Sears' motion to compel arbitration and to stay all judicial proceedings pending arbitration. For the reasons set forth below, the circuit court should be reversed.

The relevant facts are as follows: Defendant-appellant, Sears, Roebuck & Co. (hereinafter...

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