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KOLB v. O'CONNOR

Gen. No. 47,012.

14 Ill. App.2d 81 (1957)

142 N.E.2d 818

Morris Kolb et al., Appellees, v. Timothy J. O'Connor, Commissioner of Police, Appellant.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied June 12, 1957.

Released for publication June 18, 1957.

Attorney(s) appearing for the Case

John C. Melaniphy, Corporation Counsel of City of Chicago, of Chicago (Sydney R. Drebin, and Harry A. Cooper, Assistant Corporation Counsel, both of Chicago, of counsel) for defendant-appellant.

George M. Crane, of Chicago (Martin J. McGuire, and William D. Reddy, both of Chicago, of counsel) for appellees.

JUDGE McCORMICK delivered the opinion of the court.

The questions involved in this appeal from a declaratory judgment entered in the trial court in favor of the plaintiffs are (1) as to whether or not paragraph 780(e) of chapter 38, Ill. Rev. Stat. 1953, which provides for the return of records of identification upon acquittal or release without conviction of a person whose identification has been recorded upon his arrest, applies to the defendant in the instant case...

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