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CARNOCK v. CITY OF DECATUR

No. 4-93-0281.

625 N.E.2d 1165 (1993)

253 Ill. App.3d 892

193 Ill.Dec. 44

Charles CARNOCK, Plaintiff-Appellant, v. The CITY OF DECATUR, a municipal corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided December 30, 1993.

Rehearing Denied January 27, 1994.

Attorney(s) appearing for the Case

Marshall A. Susler (argued), William A. McNutt, Lowe, Moore, Susler, McNutt & Wrigley, Decatur, for plaintiff-appellant.

John W. Couter (argued), Decatur, for defendant-appellee.

Justice STEIGMANN delivered the opinion of the court:

In November 1992, plaintiff, Charles Carnock, filed suit against defendant, City of Decatur, seeking to recover an underpayment for unused sick days he accumulated prior to retiring. The trial court dismissed the action on defendant's motion for plaintiff's failure to exhaust the grievance procedure provided in the collective-bargaining agreement prior to filing suit. Plaintiff appeals, arguing that (1) his claim...

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