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GUNTHER v. STATE OF ILLINOIS CIVIL SERVICE COM'N

No. 1-02-1734.

801 N.E.2d 1072 (2003)

344 Ill. App.3d 912

280 Ill.Dec. 127

Michael GUNTHER, Plaintiff-Appellant, v. STATE OF ILLINOIS CIVIL SERVICE COMMISSION, and its Members, George E. Richards, Chairman, John M. Dorgan, Raymond E. Ewell, Dan P. Fabrizio, Individually, and the Illinois Department of Transportation, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

December 9, 2003.

Attorney(s) appearing for the Case

Robert S. Reda, Leonard A. Des Jardins, David G. Trout and Emily A. Chen, Fioretti, Des Jardins & Reda, Ltd., Chicago, for Appellant.

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, and Erik G. Light, Assistant Attorney General, Chicago, for Appellees.

Presiding Justice WOLFSON delivered the opinion of the court:

Plaintiff Michael Gunther appeals from an order of the trial court dismissing his complaint pursuant to section 2-619(a)(9) of the Illinois Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2002)), for failing to serve summons on defendant Illinois Department of Transportation (IDOT).

IDOT filed a petition to discharge Gunther from his position as a highway maintainer. On September 27, 2001...

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