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NEVITT v. LANGFELDER

No. 74405.

623 N.E.2d 281 (1993)

157 Ill.2d 116

191 Ill.Dec. 36

Douglas J. NEVITT, Appellant, v. Ossie LANGFELDER, Mayor of the City of Springfield, et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied November 29, 1993.

Attorney(s) appearing for the Case

Thomas W. Duda, Buffalo Grove, for appellant.

James K. Zerkle, Corporation Counsel, and Robert M. Rogers, Asst. Corporation Counsel, Springfield, for appellees. Elena Marcheschi, Cornfield & Feldman, Chicago, for amicus curiae.

Kelly R. Welsh, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Mardell Nereim, of counsel), for amicus curiae City of Chicago.

Jack O'Malley, State's Attorney, Chicago (Karen A. Covy, Jeanette Sublett and Kathleen J. McKee, Asst. State's Attys., of counsel), for amicus curiae County of Cook.

Beth Anne Janicki, Springfield, for amicus curiae Illinois Municipal League.

Richard N. Williams, Hoffman Estates, for amicus curiae Northwest Mun. Conference, Inc.

Richard D. Frazier, Metnick, Barewin, Wise & Cherry, Springfield, for amicus curiae Policemen's Benevolent & Protective Assn. Illinois.

Gilbert Feldman, of Cornfield & Feldman, of Chicago, for amicus curiae American Federation of State, County & Municipal Employees.

Chief Justice MILLER delivered the opinion of the court:

After a hearing, the circuit court of Sangamon County declared unconstitutional, as a violation of equal protection, an amendment to section 1 of the Public Employee Disability Act (5 ILCS 345/1 (West 1992)). The amendment had made the provisions of the statute applicable to home rule units of government containing fewer than 1 million persons while excluding from coverage home rule units having a greater population...

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