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PEOPLE EX REL. FITZSIMMONS v. SWAILES

No. 57711.

101 Ill.2d 458 (1984)

463 N.E.2d 431

THE PEOPLE OF THE STATE OF ILLINOIS ex rel. J. MICHAEL FITZSIMMONS, Appellant, v. LESTER R. SWAILES, Appellee.

Supreme Court of Illinois.

Rehearing denied June 4, 1984.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (George J. Sotos, Assistant State's Attorney, and Joan M. Brady, of counsel), for appellant.

Daniel J. Pierce, of Pierce, Lydon, Griffin & Montana, of Chicago, for appellee.

Judgment reversed; cause remanded.

JUSTICE CLARK delivered the opinion of the court:

In 1960, Lester R. Swailes, defendant and counter-plaintiff, was first elected as York Township assessor, Du Page County. Swailes has continued to hold that elected township position to date. In February of 1972, Swailes was also elected to the Du Page County Board of commissioners from the 2nd district, Du Page County. Swailes was sworn in as a county board member in April...

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