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SMITH v. PRIME CABLE OF CHICAGO

No. 1-93-0807.

658 N.E.2d 1325 (1995)

276 Ill.App.3d 843

213 Ill.Dec. 304

Ronald SMITH and Helen Smith, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. PRIME CABLE OF CHICAGO, a Texas Corporation, Pay-Per-View Network, Inc., a/k/a Viewer's Choice/Pay-Per-View, a New York Corporation, Cable Vision Publications, Inc., a New Jersey Corporation, Pro-Tours, Inc., an Oklahoma Corporation and Eastman-Kodak, a New York Corporation, on behalf of themselves and all other persons and entities similarly situated, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

December 8, 1995.

Attorney(s) appearing for the Case

Larry D. Drury, Ltd., Chicago, for Plaintiffs-Appellants.

Steven H. Frankkel, Karen H. Flax, Sonnenschein, Nath, Rosenthal, Chicago, for Pay-Per-View Network, Inc.

Michael A. Pope, Francis A. Citera, Raymond F. Benkoczy, Pope, Cahill, Devine, Ltd., Chicago, for Pro-Tours, Inc.

John J. George, Daley & George, Chicago, for Prime Cable of Chicago.

Justice GORDON delivered the opinion of the court:

This class action lawsuit alleged breach of contract, fraud, and violation of the Consumer Fraud and Deceptive Business Practices Act (Ill.Rev.Stat.1991, ch. 121½, par. 261 et seq. now 815 ILCS 505/1 et seq. (West 1992)) and the Uniform Deceptive Trade Practices Act (Ill.Rev.Stat.1991, ch. 121½, par. 311 et seq. now at 815 ILCS 510/1 et seq.) and sought compensatory and punitive...

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