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SMITHBERG v. ILLINOIS MUN. RETIREMENT FUND

No. 88352.

735 N.E.2d 560 (2000)

192 Ill.2d 291

248 Ill.Dec. 909

Delores SMITHBERG, Appellant, v. The ILLINOIS MUNICIPAL RETIREMENT FUND et al., Appellees.

Supreme Court of Illinois.

August 10, 2000.

Attorney(s) appearing for the Case

Gwendolyn J. Sterk, of Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd., of Burr Ridge, for appellant.

Robert S. Krockey, Timothy A. Clark and G. Scott Pyles, of Block, Krockey, Cernugel & Cowgill, P.C., of Joliet, and David M. Jaffe, of the Law Offices of Jaffe, O'Connor, Cunnington, Burnett & Shapiro, of Kankakee, for appellee Nancy Smithberg.

Chief Justice HARRISON delivered the opinion of the court:

The ultimate issue to be resolved in this case concerns entitlement to the Illinois Municipal Retirement Fund (IMRF) death benefit of James Smithberg. Following James' death, competing claims were filed with the IMRF for James' death benefit: one by James' first wife, Nancy Smithberg; another by his second wife, Delores Smithberg, to whom he was married at the time of his death. Upon receiving notice from...

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