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MOSKOWITZ v. WASHINGTON MUT. BANK, FA.

No. 1-01-2982.

768 N.E.2d 262 (2002)

329 Ill. App.3d 144

263 Ill.Dec. 502

Marcia MOSKOWITZ, Indiv. and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. WASHINGTON MUTUAL BANK, FA., Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied May 1, 2002.

Attorney(s) appearing for the Case

Block & Landsman, Chicago (Alan F. Block, of counsel), for Appellant.

Jenner & Block, LLC, Chicago (Matthew M. Neumeier, Danielle J. Szukala, of counsel), for Appellee.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Plaintiff, Marcia Moskowitz, appeals an order of the circuit court granting defendant's, Washington Mutual Bank's, section 2-619 (of the Illinois Code of Civil Procedure) motion to dismiss her class-action complaint on the ground that federal law preempts her state law claims. In her complaint, plaintiff alleged that: (1) defendant's pattern and practice of charging consumers an undisclosed fee as a prerequisite...

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