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PEOPLE EX REL. DEPT. OF TRANS. v. CITY OF CHICAGO

No. 61318.

36 Ill. App.3d 712 (1976)

344 N.E.2d 688

THE PEOPLE ex rel. THE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. THE CITY OF CHICAGO et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed February 27, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Patricia Rosen and Paul V. Esposito, Assistant Attorneys General, of counsel), for appellant.

William R. Quinlan, Corporation Counsel, of Chicago (Daniel Pascale and Marsile J. Hughes, Assistant Corporation Counsel, of counsel), for appellees.

Judgment affirmed.

Mr. JUSTICE DRUCKER delivered the opinion of the court:

This appeal arises from the dismissal of plaintiff's action because of its failure to comply with the statutory notice requirement of the Local Governmental and Governmental Employee's Tort Immunity Act. (Ill. Rev. Stat. 1971, ch. 85, par. 8-102.) Plaintiff contends that (1) the State, acting in its sovereign capacity, is not a "person" within the meaning of the Act, and (2) even if...

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