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County of Cook v. Barrett

Appellate Court of Illinois

344 N.E. 2d 540 (1975)

Relevant factsFree

The County (plaintiff) sought a constructive trust and accounting against former County Clerk Barrett (defendant), alleging he received bribes for recommending a voting-machine company's contracts and proposals, causing the County to overpay for voting machines; Barrett moved to dismiss, arguing the equitable remedy was unavailable against someone in his position, that the County's request for a money judgment called for a legal rather than equitable remedy, and that the County failed to allege actual damages.

IssueFree

Whether the doctrine of constructive trust may be applied to an elected official.

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