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BURKE v. SANITARY DIST. OF CHICAGO

No. 4020.

32 F.2d 27 (1929)

BURKE et al. v. SANITARY DIST. OF CHICAGO et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 22, 1929.

Attorney(s) appearing for the Case

John M. Zane, of Chicago, Ill., for plaintiffs in error.

Morton S. Cressy and James M. Sheean, both of Chicago, Ill., for defendants in error.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.

PAGE, Circuit Judge.

This action of ejectment, filed April 21, 1921, was brought by the devisees of James C. Burke, deceased, to recover lands taken by defendant, the Sanitary District of Chicago (herein called District), from John C. Burke and James C. Burke, in 1892 and 1893, through condemnation. The claim is that the District abandoned the lands in suit, and that plaintiffs, through the will of James C. Burke, deceased, own an undivided half interest therein in...

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