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CARR v. GATEWAY, INC.

No. 5-07-0711.

918 N.E.2d 598 (2009)

William CARR, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellee, v. GATEWAY, INC., Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

November 24, 2009.

Attorney(s) appearing for the Case

John T. Walsh, Peter Maginot, Lathrop & Gage, L.C., St. Louis, MO, for Appellant.

Stephen M. Hogan, San Diego, CA, pro hac vice.

Stephen M. Tillery, Aaron M. Zigler, Korein Tillery, LLC, St. Louis, MO, Stephen A. Swedlow, Maximilian C. Gibbons, Korein Tillery, LLC, Chicago, IL, Robert L. King, St. Louis, MO, for appellee.

Justice SPOMER delivered the opinion of the court:

The defendant, Gateway, Inc. (Gateway), appeals the order of the circuit court of Madison County that denied its motion to dismiss or in the alternative to compel arbitration and stay proceedings (motion to compel arbitration) on the claims raised in the class action complaint filed by the plaintiff, William Carr, individually and on behalf of all others similarly situated. For the following reasons, we affirm.

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