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SMITH v. JONES

No. 61694.

113 Ill.2d 126 (1986)

497 N.E.2d 738

JOHN A. SMITH et al., Appellees, v. MICHAEL JONES, Director of the Illinois State Lottery, et al., Appellants.

Supreme Court of Illinois.

Rehearing denied September 26, 1986.

Attorney(s) appearing for the Case

Neil Hartigan, Attorney General, of Springfield (Jill Wine-Banks and Roma Jones Stewart, Solicitors General, and Vincenzo Chimera and Rosalyn B. Kaplan, Assistant Attorneys General, of Chicago, of counsel), for appellants.

R. Wayne Harvey, of Harvey & Stuckel, Chartered, and Richard H. Parsons, all of Peoria, for appellees.

Appellate court reversed; circuit court affirmed.

JUSTICE WARD delivered the opinion of the court:

The plaintiffs, John Smith and Dale Livingood, filed a complaint in the circuit court of Peoria County against Michael Jones, the Director of the Illinois State Lottery, and the "Illinois State Lottery" alleging breach of contract. The complaint, which the plaintiff amended to ask also for declaratory and injunctive relief, was dismissed on the ground of failure...

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