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YU v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 1-99-2268.

732 N.E.2d 1173 (2000)

314 Ill. App.3d 892

247 Ill.Dec. 841

Mario C. YU, Indiv. and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION and Medic Computer Systems, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

June 30, 2000.

Attorney(s) appearing for the Case

Gold, Rosenfeld & Coulson, Chicago (William R. Coulson and Arthur S. Gold of counsel), for Appellant.

Jones, Day, Reavis & Pogue, Chicago (James R. Daly, Eric P. Berlin and Beth A. O'Connor of counsel); International Business Machines Corp., White Plains, NY (Alec S. Berman Associate General Counsel); Debevoise & Plimpton, New York, NY (Donald Francis Donovan and Craig Bloom of counsel) and Jenner & Block, Chicago (Norman M. Hirsch and Brent E. Kidwell of counsel), for Appellees.

Justice QUINN delivered the opinion of the court:

Plaintiff, Dr. Mario Yu, filed a class action complaint against defendants, International Business Machines Corporation and Medic Computer Systems, Incorporated, seeking to recover damages arising out of the sale of computer software that allegedly was not year 2000(Y2K) compliant. The trial court granted defendants' motion to dismiss plaintiff's complaint pursuant to sections 2-615 and 2-619 of the Code of Civil Procedure...

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