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AFSCME v. NETSCH

No. 4-91-0499.

575 N.E.2d 945 (1991)

216 Ill. App.3d 566

159 Ill.Dec. 138

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO ("AFSCME"), Karen Gall and Patty Schoeneberg, General Teamsters Professional Technical, Local 916, Diane M. Henricks, James Stout, and Troopers Lodge # 41, Fraternal Order of Police, Plaintiffs-Appellants, and Illinois Federation of Teachers, AFT, AFL-CIO, Intervenor-Appellant, v. Dawn Clark NETSCH, Comptroller of the State of Illinois, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

July 12, 1991.

Attorney(s) appearing for the Case

Gilbert Feldman, Cornfield & Feldman, Chicago, for plaintiffs-appellants AFSCME, Karen Gall, Patty Schoeneberg and Ill. Federation of Teachers.

Michael O'Hara, Cavanagh & O'Hara, Springfield, for plaintiffs-appellants G.T.P. Local 916, Diane M. Hendricks and James Stout.

John M. Hosteny, Lodge Counsel, Springfield, for plaintiff-appellant Troopers Lodge No. 41.

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago, for defendant-appellee.

PER CURIAM:

Plaintiffs appeal from an order of the trial court dismissing their suit in mandamus against the comptroller. By that suit, plaintiffs sought to compel the comptroller to issue paychecks to all State workers due to be paid on July 15, 1991. The trial court dismissed the complaint on the basis that there was no authority for such an order in the absence of an appropriation to pay the salaries of those State workers. We affirm.

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