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KULAK v. BELLETIRE

No. 85-1585.

148 Ill. App.3d 268 (1986)

498 N.E.2d 859

FRANK KULAK, Plaintiff-Appellant, v. MICHAEL BELLETIRE, Acting Director of Mental Health and Developmental Disabilities, et al., Defendants-Appellees (The State's Attorney of Cook County, Intervenor-Appellee).

Appellate Court of Illinois — First District (1st Division).

Opinion filed September 30, 1986.

Attorney(s) appearing for the Case

Mark J. Heyrman, of Edwin F. Mandel Legal Aid Clinic, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry and James E. Fitzgerald, Assistant State's Attorneys, of counsel), for appellees.

Reversed and remanded.

PRESIDING JUSTICE QUINLAN delivered the opinion of the court:

The plaintiff, Frank Kulak, appeals from the order of the circuit court of Cook County denying his motion for summary judgment and granting the motion of an intervenor, the State's Attorney of Cook County, to dismiss the plaintiff's petition for a writ of habeas corpus for failure to state a cause of action.

The record reveals that, in May 1969, the plaintiff...

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