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SCHIFFNER v. MOTOROLA, INC.

No. 1-97-2456.

697 N.E.2d 868 (1998)

297 Ill. App.3d 1099

232 Ill.Dec. 126

FRANK J. SCHIFFNER, on Behalf of Himself and All Other Persons Similarly Situated, Plaintiff-Appellant, v. MOTOROLA, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

June 30, 1998.

Attorney(s) appearing for the Case

Ben Barnow, Alan M. Goldberg, Juanita H. Chen, of Barnow and Goldberg, P.C., Chicago, and Aron D. Robinson, Chicago, for Plaintiff-Appellant.

Garrett B. Johnson, Brian D. Sieve, Terrence J. Dee, of Kirkland & Ellis, Chicago, for Defendant-Appellee.

JUSTICE GREIMAN delivered the opinion of the court:

Plaintiff Frank J. Schiffner appeals the dismissal of his fourth amended complaint against defendant Motorola, Inc., based on defendant's marketing and sale of cellular telephones. The circuit court granted defendant's section 2-615 motion to dismiss (735 ILCS 5/2-615 (West 1996)), finding that federal law preempted plaintiff's state law causes of action pursuant to the...

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