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BAKER v. JEWEL FOOD STORES, INC.

No. 1-03-1002.

823 N.E.2d 93 (2005)

355 Ill. App.3d 62

291 Ill.Dec. 83

Maureen BAKER, Heather Campbell, Donna Hertel, Ray Irwin, Terrie Jarosz, Patricia Laffey, Kathleen Lamich, Julie Larson, Delargo Lee, Marilyn Mellin, Jill Peters and Bernard Riordan, on Behalf of Themselves Individually and of All Others Similarly Situated, Plaintiffs-Appellants, v. JEWEL FOOD STORES, INC., a New York Corporation, and Dominick's Finer Foods, Inc., a Delaware Corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

January 12, 2005.

Attorney(s) appearing for the Case

Connelly, Roberts & McGivney LLC (Michael P. Connelly, William E. Snyder and Thomas R. Rakowski, of counsel) and Rock, Fusco & Garvey, Ltd. (Philip J. Rock, Andrew M. Hale, Kevin W. Horan and John J. Rock, of counsel), Chicago, for Appellants.

Latham & Watkins LLP (Gregory P. Lindstrom, Timothy B. Hardwicke, Kevin C. May and Matthew B. Mock, of counsel); McDermott, Will & Emery (Wilber H. Boies, P.C., David Marx, Jr., and Lizabeth A. Boyer, of counsel); and Tabet DiVito & Rothstein LLC (Gina L. DiVito, of counsel), Chicago, for Appellees.

Presiding Justice KARNEZIS delivered the opinion of the court:

Plaintiffs, Chicago area consumers who purchased milk at retail from defendants Jewel Food Stores, Inc. (Jewel) and Dominick's Finer Foods, Inc. (Dominick's), for the period from August 23, 1996, to August 23, 2000, filed a class action against defendants alleging that defendants conspired to fix, raise and maintain the price of milk in the Chicago area in violation of section 3(1)(a) of the Illinois Antitrust...

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