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THOROGOOD v. SEARS, ROEBUCK AND CO.

No. 08-1590.

547 F.3d 742 (2008)

Steven J. THOROGOOD, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 2008.

Attorney(s) appearing for the Case

Clinton A. Krislov (argued), Krislov & Associates, Chicago, IL, for Plaintiff-Appellee.

Philip M. Oliss, Robin G. Weaver (argued), Squire Sanders & Dempsey, Cleveland, OH, for Defendant-Appellant.

Barry Levenstam, Jenner & Block, Chicago, IL, for Amicus Curiae.

Before POSNER, KANNE, and EVANS, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff, a Tennessean, bought a Kenmore-brand clothes dryer from Sears Roebuck (Kenmore is a Sears brand name). The words "stainless steel" were imprinted on the dryer, and point of sale advertising explained that this meant that the drum in which the clothes are dried inside the dryer was made of stainless steel. The plaintiff says he thought it meant that the drum was made entirely of stainless steel. Part of the front of the...

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