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PROVENZANO v. CITY OF DES PLAINES

No. 1-92-1752.

629 N.E.2d 100 (1993)

256 Ill. App.3d 458

195 Ill.Dec. 792

Charles PROVENZANO, Plaintiff-Appellant, v. The CITY OF DES PLAINES, Cook County, Illinois, a municipal corporation and the City of Des Plaines, Fire Chief David Clark and the Board of Fire and Police Commissioners of the City of Des Plaines, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

December 22, 1993.

Attorney(s) appearing for the Case

Thomas F. McGuire, Long Grove, for plaintiff-appellant.

Mark H. Sterk, Cynthia A. Freburg, Odelson & Sterk, Ltd., Evergreen Park, for defendants-appellees.

Justice GREIMAN delivered the opinion of the court:

Plaintiff Charles Provenzano, a captain of the City of Des Plaines fire department, appeals from the entry of summary judgment in favor of the City of Des Plaines (the City) in an action for a declaratory judgment determining whether the Illinois Municipal Code (Ill.Rev.Stat.1991, ch. 24, par. 10-2.1-17) granted statutory authority to the City to mandatorily retire plaintiff upon his attaining the age of 65.

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