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PEOPLE EX REL. BOURNE v. JOHNSON

Gen. No. 49,323.

48 Ill. App.2d 307 (1964)

199 N.E.2d 68

People of the State of Illinois, on the Relation of Jack F. Bourne, Plaintiff-Appellee, v. Lloyd M. Johnson, Commissioner, Department of Streets and Sanitation, City of Chicago, Alvin L. Weber, Comptroller, City of Chicago, William G. Milota, Treasurer, City of Chicago, and William E. Cahill, et al., Members of the Civil Service Commission of the City of Chicago, Defendants-Appellants.

Appellate Court of Illinois — First District, Fourth Division.

May 6, 1964.

Attorney(s) appearing for the Case

John C. Melaniphy, Corporation Counsel, of Chicago (Sydney R. Drebin and Robert J. Collins, Assistant Corporation Counsel, of counsel), for appellants.

Michael F. Ryan and Richard F. McPartlin, of Chicago, for appellee.

MR. PRESIDING JUSTICE ENGLISH delivered the opinion of the court.

A civil service employee of the Department of Streets and Sanitation of the City of Chicago obtained a writ of mandamus compelling city officials to pay his back salary accrued during a period when he was off the payroll due to wrongful discharge.1 The defendant officials have appealed on the ground that they were entitled...

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