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Wallace Acquisitions, Inc. v. Allied Waste Industries, Inc.

Case Date: 04/23/1999
Court: 1st District Appellate
Docket No: 1-97-4184

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.