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PHELPS v. BING

No. 46511.

58 Ill.2d 32 (1974)

316 N.E.2d 775

LARRY DEAN PHELPS et al., Appellees, v. DENNIS R. BING, County Clerk, Appellant.

Supreme Court of Illinois.

Opinion filed September 17, 1974.

Attorney(s) appearing for the Case

James R. Burgess, Jr., State's Attorney, of Urbana (Frances C. Hulin, Assistant State's Attorney, of counsel), for appellant.

J. Steven Beckett, of Reno, O'Byrne & Kepley, of Champaign, for appellees.

Judgment affirmed.

MR. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

The plaintiffs, Larry Phelps, age 20, and Nikki Rexroad, age 19, sought a marriage license in Champaign County where both were residents. The defendant, Champaign County Clerk Dennis Bing, refused to issue the license because Phelps was not 21 years old and had no parent or legal guardian to give consent as required by the provisions of sections 3 and 6 of the Marriage Act ...

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