CIE v. COMDATA NETWORK, INC.

No. 1-93-1157.

656 N.E.2d 123 (1995)

275 Ill.App.3d 759

211 Ill.Dec. 931

Anthony CIE, Michael Owcarz and Milton Rosenblum, Individually and Purportedly on Behalf of Other Persons Similarly Situated, Plaintiffs-Appellants, v. COMDATA NETWORK, INC.; Discover Card Services; Security State Bank and Trust; Gary-Wheaton Bank, N.A.; Tech Federal Credit Union; and Bankamericard, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

September 28, 1995.


Attorney(s) appearing for the Case

Larry M. Dreyfus, Chicago, and Beigel & Sandler, Chicago (Philip Fertik, Ronald A. Schy, of counsel), for appellants.

Ross & Hardies, Chicago, (David P. Boyd, Amy B. Manning, of counsel), Kirkland & Ellis, Chicago, (Leonard A. Gail, Jeffrey A. Leon, of counsel), Howard & Howard, Kalamazoo, MI (John W. Allen, of counsel), The First National Bank of Chicago, Chicago, (Judy A. Lepri, of counsel), Keck Mahin & Cate, Chicago, (Richard J. Jacobson, of counsel), and Neal Gerber & Eisenberg, Chicago, (Phil C. Neal, of counsel), for appellees.


Justice S. O'BRIEN delivered the opinion of the court:

Plaintiffs appeal the dismissal of their complaints for failure to state a cause of action. They ask this court to construe section 28-7(a) of the Criminal Code of 1991 (hereafter the Gambling Act), Ill.Rev.Stat. ch. 38, par. 28-7(a) (now 720 ILCS 5/28-7(a) (West 1994)), as making all loans for gambling void and unenforceable in Illinois, to reverse the dismissal, and...

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