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Melton v. Frigidaire

Case Date: 02/24/2004
Court: 1st District Appellate
Docket No: 1-03-1447 Rel

SECOND DIVISION
February 24, 2004



No. 1-03-1447
    
 
ELLA MELTON,

          Plaintiff-Appellee

                    v.

FRIGIDAIRE and BEST BUY,

          Defendants-Appellants.

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)		 Appeal from the
Circuit Court of
Cook County.



Honorable
John G. Laurie,
Judge Presiding.


PRESIDING JUSTICE WOLFSON delivered the opinion of thecourt:

This case began as a dispute about a recalcitrantrefrigerator. It now presents us with a fee-shifting issue thatis a matter of first impression in the courts of this State:whether a party to a settlement agreement is a "prevailing party"entitled to attorney's fees and costs under the Magnuson-MossWarranty -- Federal Trade Commission Improvement Act (Magnuson-Moss Warranty Act) (15 U.S.C.