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BAKER v. KINGSLEY

No. 01-1071, 04-1096.

387 F.3d 649 (2004)

James A. BAKER, Raymond Wolfe and William Pate, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Cross-Appellees, v. Alfred D. KINGSLEY, David D. Jones, Jr., Robert L. Fix, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 27, 2004.

Attorney(s) appearing for the Case

Thomas H. Geoghegan (argued), Despres, Schwartz & Geoghegan, Chicago, IL, Peter M. Trobe, Trobe, Babowice & Associates, Waukegan, IL, for Plaintiffs-Appellees.

John F. Verhey, Seidler & McErlean, Irving M. Geslewitz, Much, Shelist, Freed, Denenberg, Ament & Rubenstein, Caesar A. Tabet, Tabet, Divito & Rothstein, Peter C. John, Williams Montgomery & John, Chicago, IL, Mark H. Alcott (argued), Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, for Defendants-Appellants.

Before FLAUM, Chief Judge, and COFFEY and KANNE, Circuit Judges.

FLAUM, Chief Judge.

Plaintiffs-appellants, individually and on behalf of all others similarly situated, initiated this suit in Illinois state court alleging that defendants-appellees violated the Illinois Wage Payment and Collection Act ("Illinois Wage Act"), 820 ILCS § 115/5. Defendants removed the case to the United States District Court for the Northern District of Illinois, citing as the basis for the court's jurisdiction the complete preemption of plaintiffs...

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