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JOHNSON v. STATE EMP. RETIREMENT SYSTEM

No. 86-1149.

155 Ill. App.3d 616 (1987)

508 N.E.2d 351

WILLIAM JOHNSON, JR., Plaintiff-Appellee, v. STATE EMPLOYEES RETIREMENT SYSTEM, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed April 30, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Diane M. Curry, Assistant Attorney General, of Chicago, of counsel), for appellant.

Robert P. Burns, of Northwestern University Legal Clinic, of Chicago, for appellee.

Judgment affirmed.

JUSTICE JOHNSON delivered the opinion of the court:

Plaintiff, William Johnson, Jr., sought administrative review in the circuit court of Cook County of a decision by defendant, the State Employees Retirement System, denying him survivor's benefits. Defendant moved to dismiss the action because plaintiff filed his complaint after the statutory 35-day limit. The trial court denied the motion to dismiss and we granted defendant this interlocutory...

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