| Wallace Acquisitions, Inc. v. Allied Waste Industries, Inc., No. 1-97-4184 1st District, April 23, 1999 |
SIXTH DIVISION
| WALLACE ACQUISITIONS, INC. Indiv. and On Behalf Of All Others Similarly Situated, Plaintiff-Appellant, v. ALLIED WASTE INDUSTRIES, INC., a Delaware Corporation and NATIONAL WASTE SERVICES, INC., an Illinois Corporation, Defendants-Appellees. | Appeal from the Circuit Court of Cook County Honorable John K. Madden, Judge Presiding. |
JUSTICE QUINN delivered the opinion of the court:
Plaintiff, Wallace Acquisitions, Inc., individually and as a representative of a class of persons similarly situated, brought this class action against defendants, Allied Waste Industries, Inc. (Allied), and National Waste Services, Inc. (National), seeking damages for the imposition of a 3% surcharge labeled as a "Federal Clean Air Act Fuel Surcharge" on defendants' customers' bills when the surcharge was not required by federal law. In July 1995 Wallace filed a four-count complaint against Allied and National Waste alleging common law fraud (count I), violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq. (West 1996)), (count II), breach of contract (count III), and violations of the Racketeer Influenced and Corrupt Organization Act (RICO) (18 U.S.C.