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BURTTON v. JOHNSON

Nos. 75-2024, 75-2025.

538 F.2d 765 (1976)

Sylvester BURTTON et al., Plaintiff-Appellants, Cross-Appellees, v. Donald A. JOHNSON et al., Defendants-Appellees, Cross-Appellants, and John T. Dunlop et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 30, 1976.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Herbert Caplan, Asst. Atty. Gen., Chicago, Ill., for Johnson.

Samuel K. Skinner, U. S. Atty., Chicago, Ill., William Kanter, App. Section, Civ. Div., Dept. of Justice, Charles D. Raymond, Dept. of Labor, Washington, D. C., for Dunlop.

Sheldon Roodman, Kalman Resnick, Chicago, Ill., for Burtton.

Before CUMMINGS, SPRECHER, Circuit Judges, and STECKLER, District Judge.

SPRECHER, Circuit Judge.

This appeal concerns the propriety of granting a preliminary injunction requiring the prompt payment of unemployment compensation to claimants in Illinois in a situation whereby a substantial percentage of payments are delayed.

I

Under Illinois law, Ill.Rev.Stat. ch. 48, § 420, unemployment compensation benefits do not begin to accrue until a claimant has been unemployed for a one-week waiting period. The second week...

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