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COUNTY OF KANE v. CARLSON

Nos. 85-0228, 85-0230 cons.

140 Ill. App.3d 814 (1986)

489 N.E.2d 467

THE COUNTY OF KANE, Plaintiff-Appellee and Counterdefendant-Cross-Appellant, v. JAN CARLSON, Clerk of the Circuit Court, Kane County, Defendant and Counterdefendant-Cross-Appellant; HON. JOHN A. KRAUSE, Chief Judge of the Circuit Court for the Sixteenth Judicial Circuit, Defendant and Counterplaintiff-Appellee and Cross-Appellant; THE ILLINOIS STATE LABOR RELATIONS BOARD, Defendant-Appellant and Counterdefendant-Cross-Appellee; THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME), AFL-CIO, et al., Defendants-Appellants and Counterdefendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed February 7, 1986.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Robert W. Cushing, Assistant Attorney General, of Chicago, of counsel), for appellant Illinois State Labor Relations Board.

Wendell W. Clancy and John J. Hoscheit, both of Clancy, McGuirk & Hulce, of St. Charles, for appellant Jan Carlson.

Gilbert A. Cornfield, of Cornfield & Feldman, of Chicago, for other appellants.

Robert Morrow, State's Attorney, of Geneva (David R. Akemann and William F. Barrett, Assistant State's Attorneys, of counsel), for appellee County of Kane.

Gerald M. Sheridan, Jr., of Wheaton, and Robert F. Casey, of Casey, Krippner & Callahan, of Geneva, for appellee John A. Krause.

Judgment reversed.

JUSTICE LINDBERG delivered the opinion of the court:

Plaintiff, Kane County (the county), brought an action in the circuit court of Kane County seeking a declaratory judgment and an injunction restraining the Illinois State Labor Relations Board (the Board) from proceeding on a petition by the American Federation of State, County and Municipal Employees (AFSCME) requesting a representation election for the deputy clerks (deputy circuit clerks...

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