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PEOPLE EX REL. DEPT. OF PUBLIC AID v. SANTOS

No. 80-2209.

100 Ill. App.3d 237 (1981)

426 N.E.2d 1004

THE PEOPLE ex rel. DEPARTMENT OF PUBLIC AID, Plaintiff-Appellant, v. LEIDA SANTOS et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Opinion filed September 10, 1981.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Ellen P. Brewin, Special Assistant Attorney General, of counsel), for appellant.

Diane Redleaf, Thomas E. Johnson, and James Potter, all of Legal Assistance Foundation, of Chicago, for appellees.

Judgment affirmed.

Mr. JUSTICE JOHNSON delivered the opinion of the court:

The Illinois Department of Public Aid, plaintiff in this cause, appeals from the trial court's dismissal of its complaint under section 48(1)(c) of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 48(1)(c)). The trial court based its dismissal on the presumption that section 48(1)(c) mandated an automatic dismissal of the later filed action when two actions are pending on...

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