KATZ v. WESTLAWN CEMETERY ASS'N, INC.

No. 1-95-0524.

673 N.E.2d 1053 (1996)

285 Ill. App.3d 695

220 Ill.Dec. 632

Carole J. KATZ, individually, and on behalf of a class of similarly situated individuals, Plaintiffs-Appellants/Cross-Appellees, v. WESTLAWN CEMETERY ASSOCIATION, INC., a corporation, individually and on behalf of all others similarly situated; Acacia Park Cemetery and Mausoleum Corporation; Mount Auburn Memorial Park, Inc.; Chapel Hill Gardens (South); Chapel Hill Gardens (West); Clarendon Hills Cemetery; Concordia Cemetery; Eden Cemetery; Elm Lawn Cemetery; Elmwood Cemetery and Mausoleum Company; Graceland Cemetery and Crematorium; Irving Park Cemetery; Memorial Park Cemetery; Lincoln Cemetery; Montrose Cemetery Co.; Mt. Emblem Cemetery; Mount Greenwood Cemetery Association; Mount Hope Cemetery Association, Inc.; Oak Hill Cemetery; Oak Woods Cemetery Association; Ridgewood Cemetery Co.; Rosehill Cemetery Co.; Shalom Memorial Park; Randhill Park Cemetery Association, Inc; Woodlawn Cemetery of Chicago, Inc.; Beverly Cemetery; Evergreen Cemetery & Mausoleum; and Cemeteries Association of Greater Chicago, Inc., a corporation, Defendants-Appellees/Cross-Appellants.

Appellate Court of Illinois, First District, Third Division.

November 20, 1996.


Attorney(s) appearing for the Case

Kenneth A. Wexler, Patrick E. Cafferty and Jennifer A. Winter, Chicago, IL, for Appellants.

Frederic S. Lane and Gerald E. Fradin, John A. McDonald, Bedell A. Tippins, Michael C. Neubauer, Eric H. Jostock, Howard Jump, Patrick H. Norris, Marthe C. Purmal, Raymond J. Kelly, James R. Jenkins, Allen S. Gerrard, Robert N. Lupschultz, Keven White, Susan A. Pipal, Brian J. Gold, Lisa D. Freeman, Michael C. Borders, Thomas H. Fegan, Kelly N. Warnick, H. Patrick Morris, and Jack Joseph, Chicago, and Harvey I. Lapin, Bennett R. Klasky, Northbrook, and Robert Geraghty, Winnetka, for Appellees.


Presiding Justice TULLY delivered the opinion of the court:

Plaintiff Carole J. Katz, individually, and on behalf of a class of similarly situated individuals, filed this class action against defendants, Westlawn Cemetery Association, Inc., on behalf of all others similarly situated, Acacia Park Cemetery and Mausoleum Corporation, Mount Auburn Memorial Park, Inc., Chapel Hill Gardens (South), Chapel Hill Gardens (West), Clarendon Hills Cemetery, Concordia Cemetery...

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