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PHALIN v. McHENRY COUNTY SHERIFF'S DEPT.

No. 2-07-0569.

886 N.E.2d 448 (2008)

Timothy PHALIN, Plaintiff-Appellant, v. The McHENRY COUNTY SHERIFF'S DEPARTMENT, Defendant-Appellee.

Appellate Court of Illinois, Second District.

March 28, 2008.

Attorney(s) appearing for the Case

Anthony G. Argeros, Anthony G. Argeros, LLC, Chicago, for Timothy Phalin.

Louis A. Bianchi, McHenry County State's Attorney, Michelle J. Courier, Assistant State's Attorney, Woodstock, for McHenry County Sheriff's Department.

Presiding Justice BYRNE delivered the opinion of the court:

Plaintiff, Timothy Phalin, filed a two-count complaint in the circuit court of McHenry County against defendant, the McHenry County sheriff's department. Count I sought a declaratory judgment that, pursuant to section 10 of the Public Safety Employee Benefits Act (Act) (820 ILCS 320/10 (West 2004)), defendant was obligated to pay premiums on its health insurance plan for plaintiff and his "qualifying

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