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CARR v. GATEWAY, INC.

No. 109485.

944 N.E.2d 327 (2011)

241 Ill.2d 15

William CARR, Indiv. and on Behalf of All Others Similarly Situated, Appellee, v. GATEWAY, INC., Appellant.

Supreme Court of Illinois.

February 3, 2011.

Attorney(s) appearing for the Case

John T. Walsh , Peter Maginot , Meghan s. largent and Clayton E. Gillette , of Lathrop & Gage, LLP, of St. Louis, Missouri, and Stephen M. Hogan , of San Diego, California, for appellant.

Stephen M. Tillery , Robert L. King and Aaron M. Zigler , of St. Louis, Missouri, and Stephen A. Swedlow and Maximilian C. Gibbons , of Chicago, all of Korein Tillery, for appellee.

OPINION

Justice GARMAN delivered the judgment of the court, with opinion.

In 2001, plaintiff, William Carr, and his wife purchased a computer from defendant, Gateway, Inc. Carr subsequently filed suit alleging misrepresentation by Gateway as to the speed of the computer's processor. Gateway sought to dismiss the suit and compel arbitration in accordance with the terms of the sales contract. The circuit court of Madison County denied the motion, holding,...

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