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KRAUSE v. GE CAPITAL MORTG. SERVICE, INC.

No. 1-99-2443.

731 N.E.2d 302 (2000)

314 Ill. App.3d 376

246 Ill.Dec. 774

Steven KRAUSE, Patricia Krause, Phillip Lindberg and Tammy Lindberg, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. GE CAPITAL MORTGAGE SERVICE, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

May 30, 2000.

Attorney(s) appearing for the Case

Edelman, Combs & Latturner, Chicago (Daniel A. Edelman, Cathleen M. Combs, James O. Latturner, Tara L. Goodwin and Ignacio D. Maramba, of counsel), for Appellants.

Seidler & McErlean, Chicago (William M. McErlean and Howard L. Teplinsky, of counsel), and Goodwin, Procter & Hoar LLP, Boston, MA (John C. Englander and William R. Matthews, III, of counsel), and Goodwin, Procter & Hoar LLP, Washington, D.C. (Thomas M. Hefferon, of counsel), for Appellee.

Presiding Justice FROSSARD delivered the opinion of the court:

Plaintiffs, Steven and Patricia Krause and Phillip and Tammy Lindberg, brought this three-count complaint against defendant, GE Capital Mortgage Services, Inc., involving the prepayment of mortgage loans that defendant was in charge of servicing. Plaintiffs sought damages for breach of contract (count I), restitution (count II) and unfair and deceptive practices...

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