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June 25, 2022

College of DuPage Petition for Permission to Appeal Pursuant to 28 U.S.C. is Granted

By Kirk Allen & John Kraft

On June 7, 2017

DuPage Co. (ECWd) –

In what may be a real game changer for the ousted former President of College of Dupage, Robert Breuder, the Federal Courts have granted the request by COD to appeal.

“IT IS ORDERED that the petition for permission to appeal pursuant to 28 U.S.C. §1292(b) is GRANTED. Petitioner shall pay the required appellate fees to the clerk of the district court within fourteen days from the entry of this order pursuant to Federal Rule of Appellate Procedure 5(d)(1). Once the district court notifies this court that the fees have been paid, the appeal will be entered on this court’s general docket and will be consolidated with appeal no. 17-1577. A separate consolidation and briefing order will follow.”

The reason this may be a game changer is because of what we believe to be an improper denial of COD’s motion to Dismiss.  As just one example, the Federal Courts denied that motion and implied in their decision that acting on contracts in closed session was permitted under Illinois law.  We all know that is not the case and look forward to the briefings to be filed in this appeal and the ruling to follow.

We believe based on our research that the College has a solid case and will prevail in this case.
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