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P.J.'S CONCRETE PUMPING SERVICE, INC. v. NEXTEL WEST CORP.

No.2-02-1219

803 N.E.2d 1020 (2004)

345 Ill. App.3d 992

281 Ill.Dec. 399

P.J.'S CONCRETE PUMPING SERVICE, INC., Indiv. and on Behalf of All Others Similarly Situated, Plaintiff-Appellee, v. NEXTEL WEST CORPORATION, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied February 26, 2004.

Attorney(s) appearing for the Case

Terry F. Mortiz, Frederick H. Cohen, David J. Chizewer, James P. Madigan, Goldberg, Kohn, Bell, Black, Rosenbloom & Mortiz, Chicago, for Nextel West Corp.

Malilk R. Diab, Phillip A. Bock, Robert M. Hatch, John R. O'Donnell, Thomas G. Macey, Diab, Macey & Bock, Chicago.

Brian J. Wanca Michael A. Shlau, Anderson & Wanca, Rolling Meadows, for P.J.'s Concrete Pumping Service, Inc.

Justice CALLUM delivered the opinion of the court:

I. INTRODUCTION

Plaintiff, P.J.'s Concrete Pumping Service, Inc., filed a class action alleging that, by collecting, on behalf of municipalities, taxes from customers located in unincorporated areas, defendant, Nextel West Corporation, violated the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 2000)) and was guilty of common-law fraud. The trial...

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