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CITY OF FREEPORT v. SCHULZ

No. 74-379.

37 Ill. App.3d 294 (1976)

345 N.E.2d 105

THE CITY OF FREEPORT, Plaintiff-Appellant, v. ALLEN SCHULZ, Defendant-Appellee.

Appellate Court of Illinois — Second District (2nd Division).

Rehearing denied April 28, 1976.

Attorney(s) appearing for the Case

Woodruff A. Burt, of Freeport, for appellant.

James G. Madden, of Freeport, for appellee.

Reversed and remanded.

Mr. JUSTICE DIXON delivered the opinion of the court:

This is a declaratory judgment action by plaintiff city of Freeport to determine the ownership of fees paid to defendant Allen Schulz, city clerk of Freeport. The circuit court of Stephenson County gave judgment for defendant and the city appeals.

The defendant, Allen Schulz, was the duly appointed city clerk for the city of Freeport, Illinois, from May 1, 1971, to April 30...

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