THAXTON v. WALTON

No. 60163.

106 Ill.2d 513 (1985)

478 N.E.2d 1350

JOHN F. THAXTON, Appellant, v. ELMER W. WALTON, Mayor, et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 24, 1985.


Attorney(s) appearing for the Case

Cornfield and Feldman, of Chicago (Jacob Pomeranz, of counsel), for appellant.

John W. Couter, of Decatur, for appellees.


Affirmed in part and reversed in part and remanded.

JUSTICE RYAN delivered the opinion of the court:

In this case we must decide (1) whether a municipality may set off the salary paid to a de facto employee from the back pay owed to a wrongfully discharged civil service employee and (2) whether plaintiff is entitled to recover the attorney fees he incurred in bringing a mandamus action to compel his reinstatement.

On July 23, 1981, plaintiff...

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