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APPLEGATE v. STATE OF ILL. DEPT. OF TRANSP.

No. 4-01-0582.

783 N.E.2d 96 (2002)

335 Ill. App.3d 1056

270 Ill.Dec. 521

Timothy S. APPLEGATE, Plaintiff-Appellee and Cross-Appellant, v. The STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION and Kirk Brown, Secretary of The Department of Transportation, Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois, Fourth District.

As Modified Upon Denial of Rehearing January 16, 2003.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, of Chicago (Joel D. Bertocchi, Solicitor General, and Bryan J. Rose and Jerald S. Post (argued), Assistant Attorneys General, of counsel), for appellants.

Paul E. Adami (argued), of Mohan, Alewelt, Prillaman & Adami, of Springfield, for appellee.

MODIFIED UPON DENIAL OF REHEARING

Justice TURNER delivered the opinion of the court:

In June 1999, plaintiff, Timothy S. Applegate, was discharged from his employment at defendant, the State of Illinois Department of Transportation (Department). Plaintiff filed a grievance, and in February 2000, defendant, Kirk Brown, Secretary of the Department (Secretary), issued a final administrative decision finding that Applegate had been properly discharged. In March...

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