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ELSBURY v. STANN AND ASSOCIATES

No. 1-05-1620.

861 N.E.2d 1031 (2006)

308 Ill.Dec. 466

Vicky ELSBURY, Mother and Next Friend of Jennifer Nicole and Kate Jaclyn, Minor Children of Roger O'Connor, Deceased; and James Dobry, Plaintiffs-Appellees, v. STANN AND ASSOCIATES, Illinois Earthcare Workers' Compensation Trust; Group Self Insurers' Insolvency Fund; The State Department of Insurance, Rate Adjustment Fund, Judith Baar Topinka, Treasurer, State of Illinois, as ex officio guardian of the Illinois Group Workers' Compensation Pool Insolvency Fund, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied February 21, 2007.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, Brett E. Legner, Assistant Attorney General, Chicago, for Appellants.

Wiedner & McAuliffe, Ltd., James W. Stevenson, Jr., Chicago, for Appellees.

Justice O'MALLEY delivered the opinion of the court:

Defendant, Judith Baar Topinka, the Treasurer of the State of Illinois (the Treasurer), appeals the judgment of the circuit court of Cook County granting plaintiffs' writ for mandamus.1 Plaintiff James Dobry brought this mandamus action against the Treasurer seeking to compel her to tender the principal of her general bond to the Group Workers' Compensation Pool Insolvency...

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