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PEOPLE EX REL. KIRK v. LINDBERG

No. 46966.

59 Ill.2d 38 (1974)

320 N.E.2d 17

THE PEOPLE ex rel. FRANK A. KIRK, Director of the Department of Local Government Affairs, Petitioner, v. GEORGE W. LINDBERG, Comptroller, Respondent.

Supreme Court of Illinois.

Modified on denial of rehearing November 26, 1974.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Samuel W. Witwer, Special Assistant Attorney General, and Robert M. Rogers, William R. Wallin, and J. Calvin Bostian, Assistant Attorneys General, of counsel), for petitioner.

Leslie N. Jones, of Springfield (Philip B. Kurland, and Alan L. Unikel, of counsel), for respondent.

Patrick J. Cadigan, and Gillespie, Burke & Gillespie, of Springfield, for amicus curiae Cecil A. Partee.

James J. Costello, of Urbana, for amicus curiae Board of Trustees of the University of Illinois.

James L. Fletcher, and Richard E. Favoriti, of Burditt and Calkins, of Chicago, and Jeffrey W. Kane and Dale R. Turner, of Springfield, for amicus curiae President of the Senate, Illinois General Assembly.

Writ awarded.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

This is an original mandamus action brought by Frank A. Kirk, the Director of the Department of Local Government Affairs, to compel the respondent, George W. Lindberg, the Comptroller of the State of Illinois, to honor a voucher drawn upon a designated State fund. The motion for leave to file the original petition for mandamus was filed in this court on August 30, 1974. Leave...

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