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FITCHIE v. YURKO

No. 2-90-0813.

570 N.E.2d 892 (1991)

212 Ill. App.3d 216

156 Ill.Dec. 416

Judy FITCHIE, et al., Plaintiffs-Appellees, v. Richard YURKO, Defendant-Appellant (Illinois Lottery Commission, Defendant).

Appellate Court of Illinois, Second District.

April 12, 1991.

Attorney(s) appearing for the Case

Vincent A. Lavieri (argued), Mary E. Haglund, Kovitz, Shifrin & Waitzman, Arlington Heights, for Richard Yurko.

Edward F. Diedrich, Law Offices of Edward F. Diedrich, DeKalb, Robert A. Chapski, Michael C. Doyne (argued), Law Office of Robert A. Chapski, Ltd., Elgin, for Judie Fitchie, Phyllis Huisel and Frances Vincent.

Cynthia Z. Tracy, Asst. Atty. Gen., Peru, for Illinois Lottery Com'n.

Justice BOWMAN delivered the opinion of the court:

Plaintiffs, Judy Fitchie, Phyllis Huisel, and Frances Vincent, brought this action seeking a declaration of their rights to a $100,000 prize claimed by defendant, Richard Yurko, from the Illinois Department of the Lottery (Lottery). The trial court held that plaintiffs and defendant were entitled to equal shares of the prize money. Defendant contends on appeal that the court erred in that (1) the court lacked jurisdiction...

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