PEOPLE EX REL. DEVER v. WILSON

Gen. No. 52,586.

107 Ill. App.2d 223 (1969)

246 N.E.2d 863

People of the State of Illinois, ex rel. Martin J. Dever, Jr., David J. Augle, and William J. Danaher, Plaintiffs-Appellees, v. Orlando W. Wilson, Superintendent of Police of the City of Chicago, William E. Cahill, Reginald Du Bois, and Quintin J. Goodwin, Members of and Constituting the Civil Service Commission of the City of Chicago, Otto H. Loser, Acting Comptroller of the City of Chicago, and William J. Milota, Treasurer of the City of Chicago, Defendants-Appellants.

Appellate Court of Illinois — First District, First Division.

March 17, 1969.


Attorney(s) appearing for the Case

Raymond F. Simon, Corporation Counsel of City of Chicago (Marvin E. Aspen and Joseph N. Lascaro, Assistant Corporation Counsel, of counsel), for appellants.

Michael F. Ryan, of Chicago, for appellees.


MR. JUSTICE MURPHY delivered the opinion of the court.

This is a mandamus proceeding, in which the trial court ordered the issuance of a writ of mandamus directed to defendants, commanding them to reinstate and reassign relators to duty as probationary patrolmen in the Chicago Police Department. Defendants appeal.

The determinative issue is whether the plaintiffs were precluded from judicial relief because of their failure to proceed under the Administrative...

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