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DEPT. OF MENTAL HEALTH v. MITCHELL

No. 73-380.

25 Ill. App.3d 988 (1975)

324 N.E.2d 94

DEPARTMENT OF MENTAL HEALTH, OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RUSSELL L. MITCHELL, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

February 11, 1975.

Attorney(s) appearing for the Case

J. Max Mitchell, of Frankfort, for appellee.

William J. Scott, Attorney General, of Chicago (Jerry Felesenthal, Assistant Attorney General, of counsel), for appellant.

Judgment affirmed.

Mr. JUSTICE CARTER delivered the opinion of the court:

The defendant appeals from a judgment requiring him to pay the sum of $345.14 to the Department of Mental Health, as the outstanding portion of monies due for the care and support of the defendant's daughter. The trial court granted the plaintiff's motion for summary judgment.

The three questions presented for review are:

(1) Was the defendant precluded from raising...

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