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MARTINEZ v. COUNTY OF STEPHENSON

No. 2-94-0052.

644 N.E.2d 1210 (1995)

268 Ill. App.3d 427

206 Ill.Dec. 157

Beth MARTINEZ, on Behalf of Herself and All Others Similarly Situated, Plaintiff and Counterdefendant-Appellee, v. The COUNTY OF STEPHENSON, Defendant and Counterplaintiff-Appellant.

Appellate Court of Illinois, Second District.

January 5, 1995.

Attorney(s) appearing for the Case

Michael P. Bald, Stephenson County State's Atty., Freeport, Alan W. Cargerman, Fearer, Nye, Ahlberg & Chadwick, Oregon, for County of Stephenson.

Robert K. Slattery, Freeport, for Beth Martinez.

Justice INGLIS delivered the opinion of the court:

We are called upon to decide whether section 47 of the Fees and Salaries Act (section 47) (55 ILCS 45/47 (West 1992)) requires a county to pay per diem and mileage fees to residents of that county who are witnesses in criminal trials. We hold that there is no such obligation and that section 47 requires a county to reimburse only witnesses who are required to attend from a foreign county or State. Therefore...

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