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RYAN v. CITY OF CHICAGO

No. 85-2630.

148 Ill. App.3d 638 (1986)

499 N.E.2d 517

MARTIN RYAN, Plaintiff-Appellant, v. THE CITY OF CHICAGO et al., Defendants-Appellees (Bernard McKay et al., Intervening Plaintiffs-Appellants).

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

Rehearing denied November 12, 1986.

Attorney(s) appearing for the Case

Clinton A. Kirslov, of Gottlieb & Schwartz, of Chicago, for appellants.

Judson H. Miner, Corporation Counsel, of Chicago (Mary K. Rochford and Joseph A. Moore, Assistant Corporation Counsel, of counsel), for appellees.

Order reversed.

JUSTICE HARTMAN delivered the opinion of the court:

The issues emanating from this appeal are whether: (1) the city of Chicago can retain for its own use all interest and income derived from certain pension fund taxes during the first 30 days after their receipt by the city; and (2) plaintiffs are entitled to restitution of all interest earned on pension tax funds withheld by the city of Chicago between January 1, 1979, and October 10, 1984...

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