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BERG v. CITY OF CHICAGO

Gen. No. 50,804.

97 Ill. App.2d 410 (1968)

240 N.E.2d 344

Jacob Berg and Evelyn Zwick, Individually and as Representatives of All Licensed Motorists Residing in the City of Chicago, a Class, Plaintiffs-Appellants, v. City of Chicago, a Municipal Corporation, Joseph J. McDonough, Clerk of the Circuit Court of Cook County, and Hon. William G. Clark, Attorney General, State of Illinois, Defendants-Appellees. Consolidated With Jacob Berg, George Wojcik, Raymond Wickert, Daniel Anschel and Nathan Fishman, Individually and as Representatives of All Licensed Operators of Motor Vehicles Residing in Cook County, Illinois, a Class, Plaintiffs-Appellants, v. City of Chicago, a Municipal Corporation, and Joseph J. McDonough, Clerk of the Circuit Court of Cook County, and as Successor in Office of the Clerk of the Municipal Court of Chicago, Defendants-Appellees.

Appellate Court of Illinois — First District, Fourth Division.

Rehearing denied July 17, 1968.

Attorney(s) appearing for the Case

L. Louis Karton and Harold Z. Kaplan, of Chicago, for appellants.

Raymond F. Simon, Corporation Counsel of City of Chicago, of Chicago (Sydney R. Drebin and Marvin E. Aspen, Assistant Corporation Counsel), of counsel and Daniel P. Ward, State's Attorney of Cook County, of Chicago (Ronald Butler, Assistant State's Attorney, of counsel), for appellees.

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

This is an appeal from an order entered by the Circuit Court of Cook County on June 25, 1965, dismissing plaintiffs' class actions. Defendants have filed a cross-appeal from an order overruling their motion to dismiss the individual complaints. Two separate actions were brought by plaintiffs in their own behalf and on behalf of others similarly situated...

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