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GARBENIS v. ELROD

No. 82-699.

118 Ill. App.3d 11 (1983)

454 N.E.2d 719

AUDRONE GARBENIS et al., Plaintiffs-Appellees, v. RICHARD J. ELROD, Sheriff of Cook County, et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Opinion filed September 16, 1983.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Jane Clark Casey and Susan Condon, Assistant State's Attorneys, of counsel), for appellants.

Milton M. Blumenthal & Associates and Larry D. Drury, Ltd., both of Chicago (Milton M. Blumenthal, David W. Dickerson, Michael L. Blumenthal, Larry D. Drury, and Andi C. Goldfine, of counsel), for appellees.

Reversed and remanded.

PRESIDING JUSTICE WILSON delivered the opinion of the court:

This action challenges the authority of the sheriff of Cook County to retain service and mileage fees paid to the sheriff pursuant to section 1 of "An Act to provide for the fees of the sheriff * * *" (Ill. Rev. Stat. 1979, ch. 53, par. 71) for writs placed for service which are returned with the endorsement "not found." Initially, the individual and class action complaint...

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