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G.A. CARNEY, LTD. v. BRZECZEK

No. 83-232.

117 Ill. App.3d 478 (1983)

453 N.E.2d 756

G.A. CARNEY, LTD., et al., Plaintiffs-Appellees, v. RICHARD BRZECZEK, Superintendent of Police, City of Chicago, Defendant-Appellant — (The People ex rel. Neil F. Hartigan, Intervening-Appellant).

Appellate Court of Illinois — First District (2nd Division).

Opinion filed August 16, 1983.

Attorney(s) appearing for the Case

Stanley Garber, Corporation Counsel, of Chicago (Jerome A. Siegan and Lynn K. Mitchell, Assistant Corporation Counsel, of counsel), for appellant Richard Brzeczek.

Neil F. Hartigan, Attorney General, of Springfield (Patricia Rosen, Assistant Attorney General, of counsel), for intervenor-appellant.

Law Offices of Patrick A. Tuite, Ltd., of Chicago (Patrick A. Tuite, of counsel), for appellees.

Judgment reversed.

JUSTICE PERLIN delivered the opinion of the court:

Defendant, Richard Brzeczek, the superintendent of the Chicago police department, and intervenor, Neil Hartigan, the Attorney General of Illinois, appeal a preliminary injunction issued by the circuit court restraining them, their agents, servants and employees, from arresting anyone for possessing and/or selling copies of the Minority News Review, a news magazine published by plaintiffs...

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