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STANLEY MAGIC-DOOR, INC. v. CITY OF CHICAGO

No. 78-228.

74 Ill. App.3d 595 (1979)

393 N.E.2d 535

STANLEY MAGIC-DOOR, INC., Plaintiff-Appellant, v. THE CITY OF CHICAGO et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Opinion filed July 12, 1979.

Attorney(s) appearing for the Case

Maurice J. McCarthy, of Chicago, for appellant.

Robert L. Janega, of Daley, Reilly and Daley, and William R. Quinlan, Corporation Counsel, both of Chicago (Richard Friedman, Assistant Corporation Counsel, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The plaintiff filed a declaratory judgment action seeking a declaration that the city of Chicago awarded a contract to an ineligible bidder. The city has throughout maintained that its action, being an exercise of discretion, is unreviewable in the absence of fraud. The court dismissed the complaint, stating that the plaintiff had no standing to bring suit and that the complaint...

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