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ZWAYER v. FORD MOTOR CREDIT CO.

No. 1-94-1646.

665 N.E.2d 843 (1996)

Deborah A. ZWAYER, on behalf of herself and all others similarly situated, and Eddie Roper, Plaintiffs-Appellees, v. FORD MOTOR CREDIT COMPANY, Defendant-Appellant. Sandra BISHOP and Edith Terrell, Counterplaintiffs-Appellees, v. Ford Motor Credit Company, Counterdefendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied May 21, 1996.

As Modified Upon Denial of Rehearing May 28, 1996.

Attorney(s) appearing for the Case

Sidley & Austin, Chicago (George A. Platz, David B. Johnson, Robert E. Easton, of counsel), for Appellant Ford Motor.

Much, Shelist, Freed, Donenberg & Ament, P.C., Chicago (Michael B. Hyman, William H. London, of counsel) and Law Offices of Eric D. Freed, Chicago (Eric D. Freed, of counsel), for Appellee Deborah A. Zwayer.

Edelman & Combs, Chicago (Daniel A. Edelman, Cathleen M. Combs, Michelle A. Weinberg, of counsel), and Lawrence Walner & Associates, Chicago (Lawrence Walner, of counsel), for Appellees Edith Terrell and Eddie Roper.

MODIFIED UPON DENIAL OF REHEARING

Justice BUCKLEY delivered the opinion of the court:

This is an interlocutory appeal arising from the trial court's partial denial of defendant's motion to dismiss. We granted leave to appeal the following two questions certified by the trial court: (1) whether the terms of plaintiffs' motor vehicle retail installment form contracts permit computation of the plaintiffs' finance-charge refund by the sum-of-the-digits method...

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