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STRUKOFF v. STRUKOFF

No. 50706.

76 Ill.2d 53 (1979)

389 N.E.2d 1170

TWILA ANN STRUKOFF, Appellant, v. ROBERT STRUKOFF, Appellee.

Supreme Court of Illinois.

Opinion filed May 18, 1979.

Attorney(s) appearing for the Case

Lionel I. Brazen, of Chicago (Manuel Rosenstein, of counsel), for appellant.

James J. Reagan, of Northbrook, for appellee.

Albert E. Jenner, Jr., Marshall J. Auerbach, James H. Feldman, and Kathleen J. Purcell, of Jenner & Block, of Chicago, for amici curiae Albert E. Jenner, Jr., and Marshall J. Auerbach.

Affirmed in part and reversed in part and remanded.

MR. JUSTICE WARD delivered the opinion of the court:

This appeal is from a holding by a judge of the circuit court of Cook County that section 403(e) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1977, ch. 40, par. 403(e)) is an unconstitutional legislative encroachment upon the rulemaking powers of the judiciary. The appeal comes to us...

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