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DAVIS v. CITY OF CHICAGO

No. 57021.

13 Ill. App.3d 160 (1973)

301 N.E.2d 35

STEVEN DAVIS, a Minor, by His Mother and Next Friend, BARBARA DAVIS, Plaintiff-Appellee, v. THE CITY OF CHICAGO et al., Defendants — (THE DEPARTMENT OF PUBLIC AID, Intervenor-Appellant.)

Appellate Court of Illinois — First District (5th Division).

Supplemental opinion on rehearing filed June 29, 1973.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago, (Warren K. Smoot and A. Zola Groves, Assistant Attorneys General, of counsel,) for appellant.

Lloyd P. Douglas, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE ENGLISH delivered the opinion of the court:

This is an appeal by the State of Illinois, Department of Public Aid (hereinafter "the Department"), from an order adjudicating its lien of $1,028.88 for medical expenditures it had made on plaintiff's behalf and allowing the lien in the reduced amount of $100 as part of the settlement in a personal injury case. The Department contends: (1) that there is no statutory authority for...

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