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BD OF COMMISSIONERS v. CTY OF DU PAGE

No. 83-681.

119 Ill. App.3d 1085 (1983)

457 N.E.2d 1291

THE BOARD OF COMMISSIONERS OF THE WOOD DALE PUBLIC LIBRARY DISTRICT et al., Plaintiffs-Appellants, v. THE COUNTY OF DU PAGE et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed December 7, 1983.

Attorney(s) appearing for the Case

Barry L. Moss and George A. Marchetti, both of Moss & Bloomberg, Ltd., of Bolingbrook, for appellants.

J. Michael Fitzsimmons, State's Attorney, of Wheaton, and John T. Elsner and J.R. Schirott, both of Schirott & Elsner, of Itasca (Barbara Preiner, Assistant State's Attorney, of counsel), for appellees.

Reversed and remanded.

JUSTICE LINDBERG delivered the opinion of the court:

This is the second appeal in a public library district's action challenging a county's practice of retaining the interest earned on the district's tax revenues collected on its behalf by the county. In the first appeal, we held that that practice was unconstitutional (107 Ill.App.3d 409, 437 N.E.2d 923...

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