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TULLY v. EDGAR

No. 1-95-2426.

676 N.E.2d 1361 (1997)

286 Ill. App.3d 838

222 Ill.Dec. 157

John F. TULLY, individually and on behalf of all others similarly situated, Plaintiff, v. Jim EDGAR, sued in his official capacity as Governor of the State of Illinois, James "Pate" Philip, sued in his official capacity as President of the Illinois Senate, and Gloria Jackson Bacon, M.D., William D. Engelbrecht, Jeffrey Gindorf, Susan L. Gravenhorst, Thomas F. Lamont, Ada N. Lopez, Martha O'Malley, and Judith R. Reese, sued in their official capacities as Trustees of the Board of Trustees of the University of Illinois, Defendants, and Judith Ann Calder, sued in her official capacity as trustee of the Board of Trustees of the University of Illinois, Defendant-Appellee. James E. Ryan, Attorney General of the State of Illinois, Appellant.

Appellate Court of Illinois, First District, Sixth Division.

February 21, 1997.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, Chicago (Susan Frederick Rhodes, Assistant Attorney General, of counsel), for Appellants.

Lee Schwartz, Chicago, for Appellee.

Justice ZWICK delivered the opinion of the court:

The issues presented in this case, brought by the Attorney General as an interlocutory appeal pursuant to Supreme Court Rule 307(a)(1) (134 Ill.2d 307(a)(1)),1 concern whether the circuit court acted within its authority in: (1) appointing attorney Lee J. Schwartz as special Attorney General to represent University of Illinois trustee Judith Ann Calder in the above-captioned matter, and...

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