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ESTATE OF SMIDA v. ILLINOIS MUN. RET. FUND

No. 2-03-1168.

820 N.E.2d 475 (2004)

353 Ill. App.3d 551

289 Ill.Dec. 699

ESTATE OF David F. SMIDA, Deceased, Plaintiff-Appellant, v. ILLINOIS MUNICIPAL RETIREMENT FUND and Donna Marcinski, Defendants-Appellees.

Appellate Court of Illinois, Second District.

Rehearing Denied December 28, 2004.

Attorney(s) appearing for the Case

Richard J. Tarulis, Brooks, Adams & Tarulis, Naperville, for Estate of David F. Smida.

Michael B. Weinstein, Illinois Municipal Retirement Fund, Oak Brook, for Illinois Municipal Retirement Fund.

Stephen B. Mead, McGuire Woods LLP, Chicago, for Donna Marcinski.

Justice McLAREN delivered the opinion of the court:

Plaintiff, the estate of David F. Smida, appeals the trial court's dismissal of its complaint seeking the review of a decision of the Board of Trustees of the Illinois Municipal Retirement Fund (the Board). Plaintiff argues that the court erred by not allowing it leave to amend the complaint and, alternatively, that the court erred by dismissing the complaint. We reverse and remand.

On August 29, 2002, the...

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