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COUNTY OF COOK v. CITY OF CHICAGO

No. 1-90-2526.

593 N.E.2d 928 (1992)

229 Ill. App.3d 173

171 Ill.Dec. 108

COUNTY OF COOK, Plaintiff-Appellant, v. CITY OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

May 14, 1992.

Attorney(s) appearing for the Case

Jack O'Malley, Cook County State's Atty., Chicago (Joan S. Cherry, Deputy State's Atty., and Frank J. Oles and M. Anne Gavagan, Asst. State's Attys., of counsel), for plaintiff-appellant.

Kelly R. Welsh, Corp. Counsel, Chicago (Lawrence Rosenthal, Deputy Corp. Counsel, Benna Ruth Solomon, Chief Asst. Corp. Counsel, and Lynn K. Mitchell, Asst. Corp. Counsel, of counsel), for defendant-appellee.

Justice JOHNSON delivered the opinion of the court:

Plaintiff, the County of Cook ("County"), filed a complaint against defendant, the City of Chicago ("City"), on August 30, 1985. The complaint sought almost $6 million in monetary damages resulting from the treatment of tuberculosis patients at Cook County Hospital.

Plaintiff filed an amended complaint consisting of two counts. Count I was based upon a contract implied in law. The County alleged that the...

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