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SCHELL v. ALBRECHT

No. 77-160.

65 Ill. App.3d 989 (1978)

383 N.E.2d 15

DIANE KAY SCHELL, Plaintiff-Appellant, v. FLOYD W. ALBRECHT et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed November 29, 1978.

Attorney(s) appearing for the Case

Anthony C. Raccuglia, of Peru, for appellant.

Paul Perona, Jr., and Gary L. Peterlin, both of Perona and Perona, of Spring Valley, and Watts C. Johnson, of Johnson, Martin & Russell, of Princeton, for appellees.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

Mr. Justice Benjamin Cardozo once acknowledged the trouble-someness of labels. "A fertile source of perversion in constitutional theory," he said, "is the tyranny of labels." (Snyder v. Massachusetts (1934), 291 U.S. 97, 78 L.Ed. 674, 54 S.Ct. 330.) The case before us revolves around labels and the extent to which...

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