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McNULTY v. STATE TOLL HIGHWAY AUTHORITY

No. 1-91-3490.

601 N.E.2d 1252 (1992)

235 Ill. App.3d 569

176 Ill.Dec. 554

Mary Ann F. McNULTY, Eugene H. Dupee, Jr., Stephen Graham, Stuart K. Jones, and Michael J. Hoesley and Richard T. Hough, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. The ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Myron F. Weil, as Chairman of the Board of The Illinois State Toll Highway Authority, Thomas H. Morsch, Jr., as Executive Director of The Illinois State Toll Highway Authority, and Jerry Cosentino, Treasurer of the State of Illinois, Custodian and Treasurer ex officio of the funds of the Illinois State Toll Highway Authority, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

September 25, 1992.

Attorney(s) appearing for the Case

Ronald L. Futterman, Futterman & Howard, Chtd., Chicago, Robert J. Meyers, Winnetka, for plaintiffs-appellants.

Dan K. Webb, Lawrence R. Desideri, Sp. Asst. Attys. Gen., Winston & Strawn, Roland W. Burris, Atty. Gen., Gary M. Griffin, Asst. Atty. Gen., Chicago, Frank M. Howard, Chief Counsel of Illinois State Toll Highway Authority and Sp. Asst. Atty. Gen., Oak Brook, for defendants-appellees.

Justice McNAMARA delivered the opinion of the court:

Plaintiffs, Mary Ann F. McNulty, Eugene F. Dupee, Jr., Stephen Graham, Stuart K. Jones, Michael J. Hoesley, and Richard T. Hough, brought a class action suit on behalf of certain users of the Northern Illinois Toll Highway ("NITH") against defendants, the Illinois State Toll Highway Authority (the "Authority") and Myron F. Weil, chairman of the board of directors, Thomas H. Morsch, Jr., executive director, and Jerry...

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