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WELCH v. EDUCATIONAL OFFICERS ELECTORAL BD.

No. 1-01-0706.

750 N.E.2d 222 (2001)

322 Ill. App.3d 568

255 Ill.Dec. 641

Emanuel Christopher WELCH, Lequita Neely, Archie B. Leach, Sr., and Michael J. Carlson, Plaintiffs-Appellees, v. EDUCATIONAL OFFICERS ELECTORAL BOARD FOR PROVISO HIGH SCHOOL DISTRICT 209, and Michael Manzo, and Patrick Hernandez, in their individual capacities and as Members of the Educational Officers Electoral Board for Proviso High School District 209, Joseph M. Pantaleo, Fred Gianneschi, Joseph Lukascek and David Orr, in his capacity as the Cook County Clerk, Defendants (Robert Smith, in his individual capacity and as the Secretary of Board of Education of Proviso Township High School, District No. 209, Defendant-Appellant).

Appellate Court of Illinois, First District, Second Division.

May 15, 2001.

Attorney(s) appearing for the Case

Robert H. Ellch, Alan M. Mullins, Scariano, Ellch, Himes and Petrarca, Chtd., Chicago, for appellant.

Keri-Lyn J. Krafthefer, Robert K. Bush, Dina M. Kapernekas, Ancel, Glink, Diamond, Bush, Dicianni & Rolek, P.C., Chicago, for appellees.

Richard A. Devine, State's Attorney, Chicago, of counsel: Patrick T. Driscoll, Jr., Deputy State's Attorney, Chief, Civil Actions Bureau and Mary Scarlett Wilson, Donna M. Lach, Assistant State's Attorneys, for defendant David Orr.

Justice GORDON delivered the opinion of the court:

This is an appeal from a writ of mandamus issued by the Cook County circuit court against defendant-appellant Robert Smith as the secretary of the Board of Education of Proviso Township High School District No. 209. The writ was issued pursuant to count III of the complaint filed by plaintiffs-appellees Emanuel Christopher Welch, Lequita Neely, Archie B. Leach, Sr., and Michael J. Carlson,

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