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FAHEY v. COOK COUNTY POLICE DEPT. MERIT BD.

No. 57994.

21 Ill. App.3d 579 (1974)

315 N.E.2d 573

JOHN B. FAHEY, Plaintiff-Appellant, v. COOK COUNTY POLICE DEPARTMENT MERIT BOARD et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

July 18, 1974.

Attorney(s) appearing for the Case

Richard F. McPartlin, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Sheldon Gardner, Charles A. Powell, and Michael Baccash, Assistant State's Attorneys, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE DEMPSEY delivered the opinion of the court:

The plaintiff, John B. Fahey, a sergeant in the classified service of the Cook County Police Department, brought this action for declaratory judgment seeking a finding that a provision of the Rules and Regulations of the Cook County Police Department Merit Board, which established a mandatory retirement age of 60, was illegal, void and unconstitutional. The defendants filed a motion...

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