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PEOPLE KWIAT v. BD. OF FIRE & POLICE COMM'RS

No. 57147.

14 Ill. App.3d 45 (1973)

302 N.E.2d 170

THE PEOPLE ex rel. CHESTER KWIAT, Plaintiff-Appellant, v. THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF SCHILLER PARK, Defendant-Appellee.

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

Rehearing denied August 10, 1973.

Attorney(s) appearing for the Case

Richard F. McPartlin, of Chicago, for appellant.

Robert E. Grundin, of Chicago, for appellee.

Affirmed in part and reversed in part.

Mr. JUSTICE SULLIVAN delivered the opinion of the court:

Plaintiff, a full time fireman for the Village of Schiller Park brought a two count complaint in mandamus and declaratory judgment seeking promotion to the rank of lieutenant from an eligible register therefor posted by defendant and for payment of a back salary differential. He appeals from a judgment denying the promotion and back pay which, inter alia,

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