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PEOPLE EX REL. POWELL v. BOARD OF EDUCATION

Gen. No. 45,341.

343 Ill. App. 382 (1951)

99 N.E.2d 592

People of State of Illinois ex rel. Fay Barnes Powell, Appellee, v. Board of Education of City of Chicago, Herold C. Hunt, Alfred H. Clarke and Paul G. Edwards, as Members of Board of Examiners of Board of Education of City of Chicago, Appellants.

Appellate Court of Illinois.

Additional opinion filed June 13, 1951.

Rehearing denied June 13, 1951.

Released for publication June 14, 1951.

Attorney(s) appearing for the Case

FRANK R. SCHNEBERGER, of Chicago, for appellants; FRANK S. RIGHEIMER, JAMES W. COFFEY, and JOHN T. MEHIGAN, all of Chicago, of counsel.

RUGEN, LIGTENBERG & GOEBEL, of Chicago, for appellee; JOHN LIGTENBERG, of Chicago, of counsel.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal from an order granting a writ of mandamus restoring plaintiff to active service as a teacher in the Chicago Public Schools. The Teachers' Compulsory Retirement Act, applicable to Chicago (secs. 34-89, 34-90, ch. 122, Ill. Rev. Stat. 1949) [Jones Ill. Stats. Ann. 123.1450, 123.1451], provides for the retirement of teachers when they have...

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