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COHEN v. COMPACT POWER SYSTEMS, LLC

No. 1-07-0814.

887 N.E.2d 668 (2008)

Irwin COHEN, on Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellant, v. COMPACT POWER SYSTEMS, LLC, a California Limited Liability Corporation, Enterprise Systems, Inc., d/b/a ESI Enterprises, Inc., an Illinois Corporation, Nextel West Corporation, and Mr. Cell Wireless, an Illinois Corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

April 4, 2008.

Attorney(s) appearing for the Case

Law Offices of Mark D. Belongia, LLC, Chicago, IL, Mark D. Belongia and Nathaniel R. Sinn, for Appellant.

Much Shelist Denenberg Ament & Rubenstein, P.C., Chicago, IL, Anthony C. Valiulis and Melinda J. Morales, for Appellee, Compact Power Systems, LLC.

Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., Chicago, IL, Frederic R. Klein, Roger A. Lewis and Priya M. Bhatia, for Appellee, Nextel West Corporation.

Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

Plaintiff-appellant Irwin Cohen (Cohen), on behalf of himself and all others similarly situated, filed a class action complaint against defendants-appellees Compact Power Systems, LLC (Compact), Enterprise Systems, Inc. (Enterprise), Nextel West Corp. (Nextel West) and Mr. Cell Wireless (Mr. Cell) regarding his purchase of certain batteries. Compact and Nextel West filed motions to dismiss. The...

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