People ex rel. Department of Public Aid v. Santos

The Illinois Department of Public Aid, plaintiff in this cause, appeals from the trial court’s dismissal of its complaint under section 48(1) (c) of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 48(l)(c)). The trial court based its dismissal on the presumption that section 48(1) (c) mandated an automatic dismissal of the later filed action when two actions are pending on the same facts.

From this dismissal plaintiff appeals, presenting the following issues for review: (1) whether the State of Illinois and individual State officers and employees are the “same parties” under…