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KITZES v. HOME DEPOT, U.S.A., INC.

No. 1-06-0140.

872 N.E.2d 53 (2007)

Aryeh KITZES and Ludmilla Kitzes, Individually and on Behalf of Others Similarly Situated, Plaintiffs-Appellants, v. HOME DEPOT, U.S.A., INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

June 28, 2007.

Attorney(s) appearing for the Case

Cohen, Milstein, Hausfeld & Toll, PLLC (Stewart M. Weltman, of counsel), Lawrence Walner & Associates, Chicago (Lawrence Walner, Michael S. Hilicki, of counsel), Cohen, Milstein, Hausfeld & Toll, PLLC, Washington, DC (Richard S. Lewis, James J. Pizzirusso, of counsel), for Appellant.

Grippo & Elden, Chicago (George R. Dougherty, of counsel), Morris, Manning & Martin, LLP, Atlanta, GA (John P. MacNaughton, David A. Rabin and Robert P. Alpert, of counsel), for Appellee.

JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiffs Aryeh and Ludmilla Kitzes appeal an order of the circuit court of Cook County denying their motion for class certification of their complaint against defendant Home Depot U.S.A., Inc., which alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 2004)).

Plaintiffs' second amended complaint, filed on October...

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