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SOUTHERN ILLINOISAN v. DEPT. OF PUB. HEALTH

No. 5-99-0568.

747 N.E.2d 401 (2001)

319 Ill. App.3d 979

254 Ill.Dec. 361

The SOUTHERN ILLINOISAN, A DIVISION OF LEE ENTERPRISES, INC., Plaintiff-Appellee, v. The DEPARTMENT OF PUBLIC HEALTH, and Dr. John Lumpkin, Director of Public Health, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

March 28, 2001.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Jerald S. Post, Assistant Attorney General, Chicago, for The Department of Public Health and John Lumpkin as Director of the Department.

Saul J. Morse, Robert John Kane, Illinois State Medical Society, Springfield, Amicus Curiae brief filed in support of The Department and Director.

Thaddeus J. Nodzenski, Illinois Hospital & Healthsystems Association, Naperville, Amicus Curiae brief filed in support of The Department.

Donald M. Craven, Craven & Thornton, PC, Springfield, for Southern Illinoisan.

Bruce N. Cook, Cook, Shevlin, Ysursa, Brauer & Bartholomew, Ltd., Belleville, for Illinois Trial Lawyers Association.

Richard J. O'Brien, Jr., Sidley & Austin, One First National Plaza, Chicago, for Illinois Press Association. (Filed joint amici curiae brief).

Presiding Justice CHAPMAN delivered the opinion of the court:

The Southern Illinoisan, a division of Lee Enterprises, Inc., issued a letter on October 28, 1997, to the Illinois Department of Public Health (the Department), asking for copies of the documents relating to the incidence of neuroblastoma from 1985 to the date of the letter, as they were available by the type of cancer, zip code, and date of diagnosis. The Department denied the Southern Illinoisan's request...

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