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CAPPITELLI v. RODEWALD

No. 87-227.

171 Ill. App.3d 875 (1988)

525 N.E.2d 1037

PHILIP CAPPITELLI, Plaintiff-Appellant, v. BRUCE RODEWALD, Chief of the Fire Department of the Village of Arlington Heights, et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied July 19, 1988.

Attorney(s) appearing for the Case

Bruce R. Kelsey and Joel G. Fina, both of Law Offices of Bruce R. Kelsey, of West Chicago, for appellant.

Jack M. Siegel, of Chicago, for appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE MURRAY delivered the opinion of the court:

This is an appeal by plaintiff Philip Cappitelli, an Arlington Heights fire lieutenant, from an order of the trial court affirming the decision of defendant Board of Fire and Police Commissioners of the Village of Arlington Heights (board). In 1984, the board suspended plaintiff for 120 days without pay because he had refused to take a physical "stress test...

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