MANNING v. CITY OF CHICAGO

No. 1-93-3647.

657 N.E.2d 1123 (1995)

276 Ill.App.3d 260

212 Ill.Dec. 778

John MANNING and Dean Zelinsky, Plaintiffs-Appellants, v. CITY OF CHICAGO, the Oxford House, Zero Plus Dialing, Inc., Resurgens Communications Group, Inc., International Telecharge, Inc., Operator Assistance Network, Inc., Sheffield Systems, Inc., People's Telephone Co., Inc., Telecom*USA, and Illinois Bell Telephone Company, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

November 13, 1995.


Attorney(s) appearing for the Case

Ben Barnow, Albert Cueller, Barnow and Hefty, P.C., Chicago; and Larry D. Drury, Larry D. Drury, Ltd., Chicago, for appellants.

Susan S. Sher, Corp. Counsel of City of Chicago, Lawrence Rosenthal, Deputy Corp. Counsel, Benna Ruth Solomon, Chief Asst. Corp. Counsel, and Julian N. Henriques, Jr., Asst. Corp. Counsel, of counsel, for City of Chicago.

Terry Rose Saunders, Robert E. Williams, Susman, Saunders and Buehler, Chicago; and Danny E. Adams, James M. Johnstone, and Rachel J. Rothstein, Wiley, Rein & Fielding, Washington, D.C., for appellee, Zero Plus Dialing, Inc.

Chester T. Kamin, Patricia Lee Refo, Gregory J. Scandaglia, and John F. Ward, Jr., Jenner & Block, Chicago, for appellee Resurgens Communications Group and Telecom*USA.

Daniel P. Albers and Jennifer K. Walter, Coffield, Ungaretti & Harris, Chicago, for appellee Operator Assistance Network, Inc.

John F. Ward, Jr., Michael W. Ward, and Henry T. Kelly, O'Keefe, Ashenden, Lyons and Ward, Chicago, for appellees, International Telecharge, Sheffield Systems, Inc. and the Oxford House.

Stephen L. Agin and Tracy E. Donner, Keck, Mahin & Cate, Chicago, for appellee Peoples Telephone Co., Inc.


Justice WOLFSON delivered the opinion of the court:

Someone wants to make a long distance call from a telephone in a public place. He or she reaches for the phone. At that moment, the caller does not know which phone service will be handling the call.

The question is whether that caller, claiming confusion and deception, can sue everyone connected with processing the call for injunctive relief and money damages in a State court.

The trial court found...

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