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FITZPATRICK v. CARR

No. 3-90-0426.

580 N.E.2d 933 (1991)

220 Ill. App.3d 79

162 Ill.Dec. 750

Arleen FITZPATRICK, Plaintiff-Appellant, v. Katherine CARR, Defendant-Appellee (Russell Johnson, Arleen Fitzpatrick, Katherine Carr, and Gary Brown, not individually but in their capacity as the canvassing board of the City of Kankakee, and Bruce Clark, County Clerk of Kankakee County, Defendants).

Appellate Court of Illinois, Third District.

October 18, 1991.

Attorney(s) appearing for the Case

Robert M. Motta, Michael E. Lavelle (argued), Oak Park, for Arleen Fitzpatrick.

L. Patrick Power (argued), Power & Kick, Kankakee, Fred S. Carr, Jr. (argued), Carr & Carr, for Katherine Carr.

Justice McCUSKEY delivered the opinion of the court:

The plaintiff, Arleen Fitzpatrick, appeals the order and judgment of the trial court in favor of the defendant, Katherine Carr, in which the court held for Carr in Fitzpatrick's suit to contest the election results within the first precinct, second ward in Kankakee. We reverse and remand this matter for further proceedings consistent with the directions contained herein...

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