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BOECKENHAUER v. JOE RIZZA LINCOLN MERCURY

No. 2-04-1213.

837 N.E.2d 443 (2005)

361 Ill. App.3d 470

297 Ill.Dec. 360

Tom R. BOECKENHAUER and Jean Boeckenhauer, Plaintiffs-Appellees, v. JOE RIZZA LINCOLN MERCURY and Old Kent Bank, Defendants (Ford Motor Company, Defendant-Appellant).

Appellate Court of Illinois, Second District.

October 12, 2005.

Attorney(s) appearing for the Case

Timothy Ray, Anthanasios Papadopoulos, Cheryl A. Fender, Neal, Gerber & Eisenberg LLP, Chicago, for Ford Motor Company.

R. Lawrence Canavan, Norman H. Lehrer, Lehrer & Canavan, P.C., Wheaton, for Jean Boeckenhauer, Tom R. Boeckenhauer.

Justice GROMETER delivered the opinion of the court:

Defendant Ford Motor Company (Ford) appeals an order of the circuit court of Du Page County denying its request that plaintiffs Tom R. Boeckenhauer and Jean Boeckenhauer be required to pay Ford's attorney fees pursuant to section 10a(c) of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/10a(c) (West 2002)). For the reasons set forth below, we vacate the order of the circuit...

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