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DeBRUYN v. ELROD

No. 82-82.

121 Ill. App.3d 290 (1983)

459 N.E.2d 971

HARRY E. DeBRUYN et al., Plaintiff-Appellant, v. RICHARD J. ELROD et al., Defendant-Appellees and Cross-Appellants.

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

Rehearing denied February 28, 1984.

Attorney(s) appearing for the Case

Block, Levy & Becker, of Chicago (Alvin R. Becker and Harry A. Young, Jr., of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Jane Clark Casey, Joann Tansey, and James F. Henry, Assistant State's Attorneys, of counsel), for appellees.

Judgment affirmed.

PRESIDING JUSTICE WILSON delivered the opinion of the court:

This action is an appeal of attorney fees awarded by the trial court in a class action suit which successfully challenged an Illinois statute which entitled the sheriff of Cook County to a commission on mortgage foreclosure sales. Ill. Rev. Stat. 1977, ch. 53, par. 71.

On February 3, 1981, the Illinois Supreme Court ruled that the statute was unconstitutional. The court...

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