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OSHANA v. COCA-COLA CO.

No. 05-3640.

472 F.3d 506 (2006)

Carol B. OSHANA, Plaintiff-Appellant, v. COCA-COLA COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 2006.

Attorney(s) appearing for the Case

Robert J. Stein, III (argued), Stein Bogot, Chicago, IL, for Plaintiff-Appellant.

Christopher M. Murphy (argued), McDermott, Will & Emery, Chicago, IL, for Defendant-Appellee.

Before BAUER, KANNE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This putative class action alleges the Coca-Cola Company ("Coke") deceived Diet Coke® consumers in Illinois by failing to disclose that fountain Diet Coke and bottled Diet Coke are not the same product. Fountain Diet Coke contains a blend of the sweeteners aspartame and saccharin; bottled Diet Coke is sweetened only with aspartame. The plaintiff's lawyers, on behalf of a prior named class representative...

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