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FAGIANO v. POLICE BOARD OF CITY OF CHICAGO

Nos. 57313, 57315.

98 Ill.2d 277 (1983)

456 N.E.2d 27

FRANK FAGIANO, Appellee, v. THE POLICE BOARD OF THE CITY OF CHICAGO et al., Appellants. RICHARD W. BASTIAN et al., Appellees, v. THE PERSONNEL BOARD OF THE CITY OF CHICAGO et al., Appellants.

Supreme Court of Illinois.

Rehearing denied December 2, 1983.

Attorney(s) appearing for the Case

Stanley Garber, Corporation Counsel, of Chicago (Jerome A. Siegan and Mary K. Rochford, Assistant Corporation Counsel, of counsel), for appellants.

John D. Moss, of Chicago, for appellee Frank Fagiano.

Kenneth Ditkowsky and Jay Contorer, of Ditkowsky & Contorer, of Chicago, for appellee Richard Bastian.

Epton, Mullin, Segal & Druth, Ltd., of Chicago (Saul A. Epton, Gerald B. Mullin, and Michael E. Kerpan, of counsel), for appellee Norman C. Byttow.

Rick Allan White, of Chicago, for appellee John Green.

J. Peter Dowd and Stephen B. Horwitz, of Jacobs, Burns, Sugarman & Orlove, of Chicago, for amicus curiae Chicago Fire Fighters Union Local No. 2.

Vacated and remanded.

JUSTICE WARD delivered the opinion of the court:

These appeals, at one time consolidated but severed before oral argument, are treated together here for purposes of opinion. The cases involve the validity of a residence requirement for certain municipal employees contained in an ordinance of the city of Chicago, and the validity of a Chicago police department city residence rule based upon the ordinance. In Bastian v. Personnel Board...

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