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HOUSEHOLD FINANCE CORP. III v. BUBER

No. 2-04-0035.

814 N.E.2d 997 (2004)

351 Ill. App.3d 550

286 Ill.Dec. 771

HOUSEHOLD FINANCE CORPORATION III, Plaintiff and Counterdefendant-Appellee, v. George D. BUBER and Judith A. Buber, Defendants and Counterplaintiffs-Appellants (Household Finance, Millennium Financial, Honorable MBNA America, and Integrated Real Estate Processing, Counterdefendants).

Appellate Court of Illinois, Second District.

August 18, 2004.

Attorney(s) appearing for the Case

Robert C. Thomas, Hinsdale, for George Buber, Judy Buber.

Synde B. Keywell, Katherine D. Vega, Bonnie L. Michael, Neal Gerber & Eisenberg LLP, Chicago, Mark W. Daniel, Rathje & Woodward, Wheaton, for Household Finance Corporation III.

Presiding Justice O'MALLEY delivered the opinion of the court:

Defendants and counterplaintiffs, George and Judy Buber (defendants), appeal the order of the circuit court of Du Page County, granting the motion of plaintiff and counterdefendant, Household Finance Corporation III (plaintiff), to stay court proceedings pending arbitration. Defendants argue that plaintiff waived its rights to arbitration by failing to timely assert its right to arbitration and, instead...

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