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McGUIRE v. AMERITECH CELLULAR CORP.

No. 1-99-1462.

731 N.E.2d 343 (2000)

314 Ill. App.3d 83

246 Ill.Dec. 815

Claudia E. McGUIRE, Santiago A. Durango, and George Diamond Steakhouse, Plaintiffs-Appellants, v. AMERITECH CELLULAR CORPORATION, an Illinois Corporation; Southwestern Bell Mobile Systems, Inc., d/b/a Cellular One of Illinois, and MCI, d/b/a Nova Cellular, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

Nunc Pro Tunc April 19, 2000.

Attorney(s) appearing for the Case

Law Offices of Terrence Buchler, Chicago (Terrence Buehler and Janet L. Reed, of counsel), for Appellants.

Helen E. Witt, Adam J. Levine and Maria Pellegrino Rivera of Kirkland & Ellis, Chicago, for Appellee Ameritech.

Michael P. Comiskey, Chicago, and Jennifer Kaplan Schott of Lord Bissell & Brook, Los Angeles, CA, for Appellee Southwestern Bell.

Darryl M. Bradford and Daniel J. Hurtado of Jenner & Block, Chicago, for Appellee Nova Cellular.

Mara S. Georges, Corporation Counsel of the City of Chicago (Lawrence Rosenthal, Deputy Corporation Counsel, Benna Ruth Solomon, Chief Assistant Corporation Counsel, and Mardell Nereim, Assistant Corporation Counsel, of counsel), for Appellee City of Chicago.

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiffs appeal the dismissal of their amended two-count complaint under section 2-615 of the Illinois Code of Civil Procedure (the Code) (735 ILCS 5/2-615 (West 1996)). We affirm.

Plaintiffs are cellular phone subscribers who filed suit against their service providers, seeking a refund for taxes paid on incoming calls between 1995 and 1997. Plaintiffs allege that from 1995 until 1997, the City...

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