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HAMMOND v. FIREFIGHTERS PENSION FUND

Nos. 2-06-0133, 2-06-0187.

859 N.E.2d 1094 (2006)

307 Ill.Dec. 417

John HAMMOND, Plaintiff-Appellant, v. The FIREFIGHTERS PENSION FUND OF the CITY OF NAPERVILLE, The Board of Trustees of the Firefighters Pension Fund of the City of Naperville, and Trustees Thomas Oker, Jim Harding, Mike Zywanski, Donald Faulhaber, John Wu, George Pradel, Suzanne Gagner, and Douglas Krieger, and The City of Naperville, Defendants-Appellees. John Hammond, Plaintiff-Appellant, v. The Firefighters Pension Fund of the City of Naperville, The Board of Trustees of the Firefighters Pension Fund of the City of Naperville, and Trustees Thomas Oker, Jim Harding, Mike Zywanski, Donald Faulhaber, John Wu, George Pradel, Suzanne Gagner, and Douglas Krieger, and The City of Naperville, Defendants-Appellees.

Appellate Court of Illinois, Second District.

November 29, 2006.

Attorney(s) appearing for the Case

Thomas F. McGuire, Thomas F. McGuire & Associates, Ltd., Long Grove, for John Hammond.

Carolyn W. Clifford, Ottosen, Britz, Kelly, Cooper & Gilbert, Ltd., Wheaton, for Board of Trustees, Donald Faulhaber, Firefighters Pension Fund of the City of Naperville, Suzanne Gagner, Jim Harding, Douglas Krieger, Thomas Oker, George Pradel, John Wu, Mike Zywanski.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, John Hammond, filed two administrative review actions (case Nos. 05-MR-44 and 05-MR-570) in the circuit court of Du Page County against defendants, the Firefighters Pension Fund of the City of Naperville, its board of trustees (Board) and each of the trustees, and the City of Naperville. In both actions, plaintiff sought review of the same decision of the Board to award him a nonduty disability pension...

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