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AMERICAN FEDERATION, COUNCIL 31 v. SCHWARTZ

No. 5-02-0363.

797 N.E.2d 1087 (2003)

343 Ill. App.3d 553

278 Ill.Dec. 169

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 31, Plaintiff-Appellee, v. Michael S. SCHWARTZ, as Director of Central Management Services, and The Department of Central Management Services, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

September 26, 2003.

Attorney(s) appearing for the Case

Joseph M. Gagliardo, Laner, Muchin, Dombrow, Becker, Levin & Tominberg, Ltd., Chicago; Frederick J. Hess, Lewis, Rice & Fingersh, L.L.C., Belleville, for Appellants.

Melissa J. Auerbach, Gilbert Feldman, Cornfield and Feldman, Chicago, for Appellee.

Justice DONOVAN delivered the opinion of the court:

I. FACTS

A. Procedural History

The American Federation of State, County and Municipal Employees, Council 31 (AFSCME), brought this action for an injunction in aid of arbitration against the State of Illinois Department of Central Management Services and its director, Michael S. Schwartz, in his official capacity (collectively referred to as CMS). On March 5, 2002, AFSCME filed its original complaint...

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