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PEOPLE EX REL. BORZEWSKI v. RAYNIAK

Gen. No. 47,430.

19 Ill. App.2d 417 (1958)

154 N.E.2d 312

People of State of Illinois on the Relation of Edward J. Borzewski, Petitioner-Appellant, v. John Rayniak, Raymond Holtz and Coleman Denes, as Members of the Board of Fire and Police Commissioners of Village of Schiller Park, Illinois; Dominick Barzano, Stanley Chmielewski, Andrew Schmidt, Edward Marszalek, Herbert Bartman, Robert Held, as Members of the Board of Trustees of Village of Schiller Park, Illinois; Roy Johnson, Village Treasurer, Raymond J. Schalkowski, Village Clerk, Larry Moore, as President of Board of Trustees of Village of Schiller Park, and Village of Schiller Park, a Municipal Corporation, Respondents-Appellees.

Appellate Court of Illinois — First District, Second Division.

Released for publication December 16, 1958.

Attorney(s) appearing for the Case

Jacobson & Bluthardt, of Franklin Park, for petitioner-appellant.

Milton K. Joseph, of Chicago, for appellees.

JUSTICE KILEY delivered the opinion of the court.

This is a mandamus action seeking relator's reinstatement to the position of Village Marshal and payment of his salary from the date of his dismissal. The trial court upon the petition, answer and a stipulation of facts denied the writ and gave judgment for respondent's costs.

Relator was a "special member" of the Village police department from August 18, 1952, to August 17, 1953; and from August 17, 1953,...

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