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RITA v. MAYDEN

No. 1-06-0458.

847 N.E.2d 578 (2006)

364 Ill. App.3d 913

301 Ill.Dec. 568

John RITA, Petitioner-Appellee, v. Michael MAYDEN (The Coach), Daniel Madden, Mary Scarlett Wilson, Mary Melchor, David Orr, as Cook County Clerk, and The Chicago Board of Election Commissioners, Respondents (Michael E. Mayden, Respondent-Appellant; David Orr, as Cook County Clerk; Daniel P. Madden, and Mary Melchor, as Designees of the Cook County Clerk to the Cook County Officers Electoral Board; Mary Wilson, as Designee of the Cook County State's Attorney to the Cook County Officers Electoral Board; Langdon Neal, Theresa Petrone, and Richard Cowen, as members of the Chicago Board of Election Commissioners, Respondents-Appellees).

Appellate Court of Illinois, First District, Sixth Division.

March 16, 2006.

Attorney(s) appearing for the Case

Arvin Boddie, for Appellant Michael E. Mayden.

Patrick T. Driscoll, Jr., Deputy State's Attorney and Chief, Civil Action Bureau; Donna M. Lach, Assistant States Attorney, of counsel, for Appellees Cook County Officers Electoral Board, David Orr, Cook County Clerk.

Michael J. Kasper, Courtney C. Nottage, Chicago, for Appellee John Rita.

Justice O'MALLEY delivered the opinion of the court:

Appellant Michael E. Mayden appeals from a decision of the Circuit Court of Cook County denying his Section 2-619 motion to dismiss, (735 ILCS 5/2-619(a)(1) (West 2004)), reversing a decision of the Cook County Officers Electoral Board ("the Board"), and entering an order striking Mayden's name from the ballot for the March 21, 2006, primary election.1 For the reasons that follow, we...

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