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MALMBERG v. SMITH

No. 5-92-0428.

607 N.E.2d 1370 (1993)

241 Ill. App.3d 428

180 Ill.Dec. 857

David MALMBERG, Petitioner-Appellee, v. Gary SMITH, Administrative Manager, Illinois Department of Transportation, Respondent-Appellant.

Appellate Court of Illinois, Fifth District.

February 10, 1993.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Daniel N. Malato, Asst. Atty. Gen., Chicago, for respondent-appellant.

Harry J. Sterling, Harry J. Sterling, P.C., Fairview Heights, for petitioner-appellee.

Presiding Justice CHAPMAN delivered the opinion of the court:

Respondent Gary Smith, administrative manager of the Illinois Department of Transportation (DOT), appeals from a contempt citation and a $100 fine for failure to comply with the circuit court's order of May 20, 1992. The order required Smith to turn over records sought by Malmberg in a "Petition for Discovery Before Suit." We reverse and dismiss the petition.

On April 13, 1992, petitioner David...

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