MATHERS, J.
This is an appeal from an order of the Circuit Court of Macoupin County dismissing an amended complaint seeking: (1) The issuance of a Writ of Mandamus compelling Thomas P. Carmody, State's Attorney of that county to seek the levy of a fine and costs against one, Hal Redfern, and, (2) To file necessary legal proceedings to recover monies paid to the said Hal Redfern during the time he served as Superintendent of Highways of Macoupin County.
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