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Sturgeon v. Powell

DECEMBER 31, 1969.

CHESTER STURGEON, PLAINTIFF-APPELLEE,

v.

PAUL POWELL, SECRETARY OF STATE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. EDWARD J. EGAN, Judge, presiding. Appeal dismissed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

This appeal has been taken by the defendant Secretary of State from an administrative review judgment of the Circuit Court which reversed the action of defendant in revoking plaintiff's automobile operator's license and driving privileges.

Defendant filed his appellant's brief, and plaintiff has now presented to this court a motion to dismiss the appeal on the ground of mootness. Plaintiff's contention in this regard is based on the fact that, after he had filed his complaint for administrative review in the Circuit Court, he received a letter from the office of defendant which we quote in full:

"OFFICE OF THE SECRETARY OF STATE Springfield, Illinois 62706

"June 14, 1968

"Re: Section 6-206 "Acc. #123168 (1965) "File #S362-1002-5326

"Mr. Chester Sturgeon "10601 So. 81st Court "Palos Hills, Illinois

"Dear Mr. Sturgeon:

"This office has been notified by the Driver Control Section that the Order entered October 25, 1967 revoking your license to drive and driving privileges has been rescinded. Our file in that case against you has been closed.

"You remain in full compliance with the law in connection with Accident Case #123168. *fn1

"Sincerely yours,

"/S/ B.T. Donne

"Drivers License Division B.T. Donne "Safety Responsibility Section Supervisor "BTD:JV:ilh"

Defendant opposes the motion to dismiss by referring to a June 5, 1968 order of the Circuit Court which stayed the revocation of plaintiff's license and restored his driving privileges subject to further order of court. By the same order, the administrative review proceedings were set for hearing on August 26, 1968. Defendant urges upon us the proposition that defendant's letter, quoted above, was merely his compliance with this order and that it had granted only temporary driving privileges pending final judgment by the Circuit Court. In support of his position, defendant attaches to his answer an ...


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