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BOARD OF TRUSTEES v. KUSPER

No. 78-1609.

72 Ill. App.3d 653 (1979)

391 N.E.2d 66

BOARD OF TRUSTEES OF THE PUBLIC SCHOOL TEACHERS' PENSION AND RETIREMENT FUND OF CHICAGO, Plaintiff-Appellee, v. STANLEY T. KUSPER, JR., County Clerk of Cook County, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed May 21, 1979.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Paul P. Biebel, Jr., and Mark V. Chester, Assistant State's Attorneys, of counsel), for appellant.

Kirkland & Ellis, of Chicago (John E. Angle, of counsel), for appellee.

Judgment reversed.

Mr. PRESIDING JUSTICE GOLDBERG delivered the opinion of the court:

The Board of Trustees of the Public School Teachers' Pension and Retirement Fund of Chicago (plaintiff), filed a complaint for declaratory judgment against Stanley T. Kusper, Jr., in his capacity of county clerk of Cook County, Illinois (defendant). Plaintiff sought a declaration of right construing certain provisions of the Pension Code of Illinois so as to require defendant...

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