McGuire v. Ameritech Cellular Corp.
Case Date: 05/31/2000
Court: 1st District Appellate
Docket No: 1-99-1462
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THIRD DIVISION May 31, 2000 (NUNC PRO TUNC April 19, 2000) No. 1-99-1462 CLAUDIA E. McGUIRE, SANTIAGO A. DURANGO, ) Appeal from theand GEORGE DIAMOND STEAKHOUSE, ) Circuit Court of ) Cook County Plaintiffs-Appellants, ) ) v. ) ) No. 97 CH 4990AMERITECH CELLULAR CORPORATION, an Illinois )Corporation; SOUTHWESTERN BELL MOBILE )SYSTEMS, INC., d/b/a Cellular One of Illinois; and MCI, )d/b/a Nova Cellular, ) Honorable ) Thomas P. Quinn, Defendants-Appellees. ) Judge Presiding. PRESIDING JUSTICE CAHILL delivered the opinion of the court: Plaintiffs appeal the dismissal of their amended two-count complaint under section 2-615 ofthe Illinois Code of Civil Procedure (the Code) (735 ILCS 5/2-615 (West 1996)). We affirm. Plaintiffs are cellular phone subscribers who filed suit against their service providers, seekinga refund for taxes paid on incoming calls between 1995 and 1997. Plaintiffs allege that from 1995until 1997, the City of Chicago was only permitted to tax outgoing calls under the amended sectionsof the Chicago Telecommunications Tax. Chicago Municipal Code, |