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PEOPLE EX REL. CAREY v. BOARD OF EDUCATION

No. 46110.

55 Ill.2d 533 (1973)

304 N.E.2d 273

THE PEOPLE ex rel. BERNARD CAREY, State's Attorney, Appellant, v. THE BOARD OF EDUCATION OF THE CITY OF CHICAGO, Appellee.

Supreme Court of Illinois.

Opinion filed November 20, 1973.

Attorney(s) appearing for the Case

BERNARD CAREY, State's Attorney, of Chicago (SHELDON GARDNER, Chief of Civil Division, and FREDRIC B. WEINSTEIN, Assistant State's Attorney, of counsel), for appellant.

MICHAEL J. MURRAY and KIRKLAND & ELLIS, both of Chicago (THOMAS M. THOMAS and THOMAS F. SCULLY, of counsel), for appellee.

Judgment affirmed.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

The defendant, the Board of Education of the City of Chicago, moved to dismiss the complaint in this quo warranto action, in which the plaintiff, the State's Attorney of Cook County, challenged the validity of an appropriation of $35,000 in the 1973 budget of the Board. The purpose of the appropriation was to implement Public Act 77-2734, and the complaint asserted that the...

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