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AVERY v. GARBUTT

No. 59503.

19 Ill. App.3d 1001 (1974)

313 N.E.2d 274

McKINLEY AVERY et al., Plaintiffs-Appellees, v. E. JAMES GARBUTT et al., Defendants-Appellees — (JOSEPH J. MOSELEY et al., Petitioners-Appellants.)

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

May 17, 1974.

Attorney(s) appearing for the Case

James R. Bronner, of Chicago (Davis, Miner, Barnhill & Bronner, of counsel), for appellants.

Bernard Carey, State's Attorney, of Chicago (Sheldon Gardner and Edna Selan Epstein, Assistant State's Attorneys, of counsel), for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

This is an appeal from the denial of a petition to intervene. The original plaintiffs, sergeants in the Cook County Department of Corrections (DOC) and the Fraternal Order of Police (FOP) Lodge No. 20, sought a declaratory judgment that defendants do not have the power to hold examinations for the certification and promotion for all ranks of correctional officers.

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