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CHICAGO EX REL. KONSTANTELOS v. DUNCAN TRAFFIC

No. 79-1762.

102 Ill. App.3d 304 (1981)

429 N.E.2d 1223

THE CITY OF CHICAGO ex rel. DEMETRI KONSTANTELOS et al., Plaintiffs-Appellants, v. DUNCAN TRAFFIC EQUIPMENT COMPANY et al., Defendants-Appellees. — (THE CITY OF CHICAGO, Plaintiff-Appellee, v. DUNCAN TRAFFIC EQUIPMENT COMPANY et al., Defendants-Appellees.)

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied December 29, 1981.

Attorney(s) appearing for the Case

George C. Pontikes, of Foss, Schuman & Drake, of Chicago, for appellants.

Stanley Garber, Corporation Counsel, of Chicago (Robert R. Retke and Cheryl L. Smalling, Assistant Corporation Counsel, of counsel), for appellee City of Chicago.

James N. Karahalios, of Chicago, for appellee John Geocaris.

Sidney J. Hess, Jr., Joel J. Sprayregen, Roger L. Price, and Gary E. Mitchell, all of Aaron, Schimberg, Hess, Rusnak, Deutsch & Gilbert, of Chicago, for appellees Duncan Traffic Equipment Company, Jerome J. Robinson, and Ted Mieczynski.

Reversed and remanded.

PRESIDING JUSTICE RIZZI delivered the opinion of the court:

Plaintiff, Demetri Konstantelos (hereinafter Taxpayer), filed a taxpayer's suit in the name and for the benefit of the city of Chicago to recover money belonging to the city which was allegedly paid without authority of law. (Ill. Rev. Stat. 1979, ch. 24, par. 1-5-1.) After the Taxpayer's suit was filed, the city filed its own suit involving the same subject matter against some...

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