MAHIN v. MYERS

Gen. No. 11,082.

108 Ill. App.2d 416 (1969)

247 N.E.2d 812

George E. Mahin, Anthony Scariano, Arthur R. Gottschalk, James C. Kirie, Abner Mikva, Mrs. Charles J. Mott, the Illinois Association for Mental Health, Inc., a Not-For-Profit Corporation, Lily Kirie, d/b/a Kirie's Restaurant, Albert W. Hachmeister, and the Better Government Association, a Not-For-Profit Corporation, Plaintiffs-Appellants, v. Maude Myers, Director of the Department of Personnel, Harold M. Visotsky, Director of the Department of Mental Health, John E. Cullerton, Director of the Department of Labor, Michael J. Howlett, Auditor of Public Accounts, and Adlai Stevenson, III, Treasurer, of the State of Illinois, Defendants-Appellees, Building and Construction Trades Committee on Prevailing Wages, Intervenor-Appellee.

Appellate Court of Illinois — Fourth District.

May 13, 1969.


Attorney(s) appearing for the Case

James M. Winning and Giffin, Winning, Lindner, Newkirk & Cohen, of Springfield, Jeremiah Marsh, of Chicago, for appellants.

Lester Asher and Benjamin L. Jacobson, of Chicago (Asher, Greenfield, Gubbins and Segall, of counsel), for Illinois State Federation of Labor and Congress of Industrial Organizations as Amicus Curiae.

William G. Clark, Attorney General of the State of Illinois, of Chicago (Richard E. Friedman, First Assistant Attorney General of State of Illinois, John J. O'Toole, Assistant Attorney General, Jerome F. Goldberg, Special Assistant Attorney General, Joan M. Matlaw, Special Assistant Attorney General, of counsel), for appellees.

William K. Cavanagh, of Springfield, for intervenor-appellee.


TRAPP, P.J.

Plaintiffs, having sued as citizens and taxpayers, appeal from a decree of the Circuit Court which dismissed their complaint to enjoin payment of a wage scale established by defendant, Maude Myers, as Director of the Department of Personnel of the State with particular respect to 514 maintenance employees of the Department of Mental Health of the State. The appeal was transferred to this court from the Supreme Court of Illinois.

The suit was brought...

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