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CARO EX REL. STATE v. BLAGOJEVICH

No. 1-08-1061.

895 N.E.2d 1091 (2008)

Richard P. CARO, a State of Illinois Taxpayer on Behalf of and for the Benefit of the STATE of Illinois, Plaintiff-Appellee (Ronald Gidwitz and Gregory Baise, Plaintiffs-Intervenors-Appellees), v. Honorable Rod BLAGOJEVICH, Governor of the State of Illinois, The Illinois Department of Healthcare and Family Services, Barry S. Maram, Director of IDHFS, Defendants-Appellants (The Department of Public Health, Damon Arnold, Director, and Daniel W. Hynes, Comptroller, Defendants; Gregory Jacaway et al., Individually and on Behalf of All Similarly Situated People, Defendants-Intervenors; The State of Illinois, Intervenor).

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied October 22, 2008.

Attorney(s) appearing for the Case

Larry D. Blust, Marc S. Silver and Katarzyna K. Dygas, Barnes & Thornburg LLP, Chicago, IL, for Defendants-Appellants.

Richard P. Caro, Riverside IL, pro se.

F. Thomas Hecht, Claudette P. Miller and Floyd D. Perkins, Ungaretti & Harris LLP, Chicago, IL, for Plaintiffs-Intervenors-Appellees.

Lisa Madigan, Attorney General, Rachel Hoover, Assistant Attorney General, and Michael A. Scodro, Solicitor General, Attorney General, State of Illinois, Chicago, IL, for Intervenor.

Bruce J. Van Heukelem and Adam C. Zylstra, Hoogendoorn & Talbot LLP, Chicago, IL, Amicus National Federation of Independent Business, Small Business Legal Center.

Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

Plaintiff-appellee Richard P. Caro, a State of Illinois taxpayer, joined by plaintiffs-intervenors-appellees Ronald Gidwitz and Gregory Baise (collectively, plaintiffs), moved the trial court for a preliminary injunction against defendants-appellants Governor of Illinois Rod Blagojevich, the Illinois Department of Healthcare and Family Services, and Director Barry S. Maram (defendants or as named...

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