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COTOVSKY v. DEP'T OF REGISTRATION & ED.

No. 81-997.

110 Ill. App.3d 417 (1982)

442 N.E.2d 520

IRVING COTOVSKY, et al., Plaintiffs-Appellees, v. THE DEPARTMENT OF REGISTRATION AND EDUCATION, Defendant-Appellant.

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

Rehearing denied December 6, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield (Charles J. Pesek, Special Assistant Attorney General, of counsel), for appellant.

Klafter, Burke, Keane & Nathan, of Chicago, for appellee Joseph Schreier.

William J. Harte, Ltd., of Chicago (William J. Harte and Maureen Connors, of counsel), for other appellees.

Order affirmed.

PRESIDING JUSTICE JOHNSON delivered the opinion of the court:

The Department of Registration and Education appeals an order of the trial court setting aside the Department's decision to revoke the pharmacy practice licenses held by Irving Cotovsky, Joseph Schreier and Edward Jung. The Department presents the following issues for review: (1) whether the trial court can set aside the decision of an administrative agency based on a factual argument...

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