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PEOPLE EX REL. VESTUTO v. O'CONNOR

Gen. No. 45,956.

351 Ill. App. 539 (1953)

115 N.E.2d 810

People of State of Illinois ex rel. Orlando Vestuto, Appellee, v. Timothy J. O'Connor, Commissioner of Police of City of Chicago et al., Appellants.

Appellate Court of Illinois.

Rehearing allowed July 28, 1953.

New opinion filed October 7, 1953.

Released for publication December 14, 1953.

Attorney(s) appearing for the Case

JOHN J. MORTIMER, Corporation Counsel, of Chicago, for appellants; L. LOUIS KARTON, Head of Appeals and Review Division, and EARL A. DEUTSCH, Assistant Corporation Counsel, both of Chicago, of counsel.

MICHAEL F. RYAN, of Chicago, for appellee; RICHARD F. McPARTLIN, JR., of Chicago, of counsel.

MR. JUSTICE KILEY delivered the opinion of the court.

This is a mandamus suit to compel the reinstatement of relator Orlando Vestuto to the Chicago Police Department from which he had been discharged. Defendants moved to strike the complaint. The motion was denied and they stood by the motion. Judgment was entered for the relator ordering the writ to issue. Defendants have appealed.

The motion to strike admitted...

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