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McCABE v. BURGESS

No. 14486.

57 Ill. App.3d 450 (1978)

373 N.E.2d 327

JAMES McCABE, Plaintiff-Appellant, v. JAMES BURGESS, State's Attorney for Champaign County, et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed March 3, 1978.

Attorney(s) appearing for the Case

Robert I. Auler, of Auler Law Offices, of Urbana, for appellant.

Thomas J. Difanis, State's Attorney, of Urbana, for appellees.

Reversed and remanded.

Mr. JUSTICE CRAVEN delivered the opinion of the court:

This case comes on appeal from a trial court order dismissing plaintiff's class action complaint. The Illinois Supreme Court, in the case of People v. McCabe (1971), 49 Ill.2d 338, 275 N.E.2d 407, held that a defendant convicted of the illegal sale of marijuana under section 38 of the 1969 Uniform Narcotic...

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