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BUTTITTA v. CITY OF CHICAGO

No. 92-3631.

9 F.3d 1198 (1993)

Frank BUTTITTA, Plaintiff-Appellant, v. CITY OF CHICAGO, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 9, 1993.

Rehearing Denied December 15, 1993.

Attorney(s) appearing for the Case

Anthony S. DiVincenzo (argued), Campbell & DiVencenzo, Rick M. Schoenfield, Schoenfield & Swartzman, Chicago, IL, for plaintiff-appellant.

Patricia M. Carroll-Smit, Asst. Corp. Counsel, Amy E. Neuman, Lawrence Rosenthal, Deputy County Council, Mardell Nereim (argued), Kelly R. Welsh, Asst. Corp. Counsel, Eileen Brewer, Benna R. Solomon, Office of the Corp. Counsel, Appeals Div., Chicago, IL, for defendants-appellees.

Before FLAUM and ROVNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

FLAUM, Circuit Judge.

This case presents an issue of first impression requiring this court to construe Section 5-156 of the Illinois Pension Code. 40 ILCS 5/5-156. In 1986, Chicago police officer Frank Buttitta ("Buttitta") suffered an ankle injury in the line of duty that caused him to go on disability leave. In 1989 and again in 1991, the Chicago Police Department ("Police Department") refused to reinstate Buttitta to active duty despite the fact that on both occasions...

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