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CAREY v. ELROD

No. 44113.

49 Ill.2d 464 (1971)

275 N.E.2d 367

BERNARD CAREY, Appellant, v. RICHARD J. ELROD et al., Appellees.

Supreme Court of Illinois.

Rehearing denied November 24, 1971.

Attorney(s) appearing for the Case

CALVIN SAWYIER, and JAMES V. DeMARCO, both of Chicago, for appellant.

MATTHEW J. BEEMSTERBOER, and BRUNSWICK, BEEMSTERBOER, JEMILO & RICHARDSON, all of Blue Island, for appellee Richard J. Elrod.

EDWARD V. HANRAHAN, State's Attorney, and HOWARD M. MILLER, both of Chicago, (VINCENT BENTIVENGA, Jr., and PAUL P. BIEBEL, Jr., Assistant State's Attorneys, of counsel) for other appellees.

Judgment affirmed.

MR. JUSTICE DAVIS delivered the opinion of the court:

The plaintiff, Bernard Carey, defeated candidate for the office of sheriff of Cook County, brought this action as an elector, and not as a defeated candidate, under the provisions of section 23-5 et seq. of the Election Code (Ill. Rev. Stat. 1969, ch. 46, par. 23-5 et seq.), to contest the election of Richard J. Elrod to that office. The circuit court of Cook County, as...

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