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PEOPLE EX REL. SMITH v. MERSINGER

No. 35407.

18 Ill.2d 486 (1960)

165 N.E.2d 308

THE PEOPLE ex rel. Elbert S. Smith, Auditor of Public Accounts, Appellant, v. FRED M. MERSINGER et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 28, 1960.

Attorney(s) appearing for the Case

GRENVILLE BEARDSLEY, Attorney General, of Springfield, (C. ARTHUR NEBEL, First Assistant Attorney General, and MARK O. ROBERTS, and ROBERT B. OXTOBY, Special Assistant Attorneys General, of counsel,) for appellant.

WAGNER, CONNER, FERGUSON, BERTRAND & BAKER, of East St. Louis, (BERNARD H. BERTRAND, and JOHN M. FERGUSON, of counsel,) for appellees Fred M. Mersinger et al., and ROBERT H. RICE, of East St. Louis, for appellee Edward A. Epping.

Judgment affirmed.

Mr. JUSTICE DAVIS delivered the opinion of the court:

The People of the State of Illinois ex rel. Elbert S. Smith as Auditor, plaintiff, appealed to this court from an order entered in the circuit court of Sangamon County sustaining defendants' motion to dismiss plaintiff's amended complaint. Since the State is interested as a party, we have jurisdiction on direct appeal. Ill. Rev. Stat...

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