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PEOPLE EX REL. GAYNOR v. BOARD OF FIRE COM.

Gen. No. 47,050.

14 Ill. App.2d 329 (1957)

144 N.E.2d 763

People of the State of Illinois ex rel. Joseph Gaynor, James Coburn and Joseph F. Biagi, Jr., Appellees, v. Board of Fire and Police Commissioners of the Village of Oak Park, et al., Appellants.

Appellate Court of Illinois — First District, First Division.

Released for publication October 4, 1957.

Attorney(s) appearing for the Case

Arthur C. Thorpe, of Chicago, for appellants. McCarthy, Toomey & Reynolds, of Chicago (John E. Toomey, and John M. Kaveny, of Chicago, of counsel) for cross-appellants.

Michael F. Ryan, of Chicago (Richard F. McPartlin, Jr., of Chicago, of counsel) for appellees.

JUDGE SCHWARTZ delivered the opinion of the court.

The issue presented to us is whether a civil service commission such as the defendant Board can change its method of marking and prepare a new eligible list after it has held an examination and announced the list of successful candidates. The good faith of the Board and the members thereof is not questioned. Their authority to do so under the law is challenged. The trial court held that the Board could not make the...

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