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ROTH v. YACKLEY

No. 51478.

77 Ill.2d 423 (1979)

396 N.E.2d 520

RANDY ROTH, Appellant, v. FRANK X. YACKLEY et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 30, 1979.

Attorney(s) appearing for the Case

James Geis, of Geis & Geis, of Chicago, for appellant.

William J. Scott, Attorney General, of Springfield (Paul J. Bargiel and Patricia Rosen, Assistant Attorneys General, of Chicago, of counsel), for appellees.

William T. Dwyer, Jr., of Connolly, Dwyer & Ekl, of Chicago, for amicus curiae Janice Porter.

Samelson, Knickerbocker & Schirott, of Des Plaines (James R. Schirott, of counsel), for amici curiae County of Du Page et al.

Reversed and remanded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

This cause involves two separate class actions filed in the circuit court of La Salle County on May 4, 1978. The plaintiffs sought the return of fines and costs paid as conditions of probation incident to deferred dispositions of criminal charges under section 10 of the Cannabis Control Act (Ill. Rev. Stat. 1973, ch. 56 1/2, par. 710) and section 410 of the Illinois Controlled...

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