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NATIONAL GRAIN YEAST CORP. v. CITY OF CRYSTAL LAKE

No. 8730.

147 F.2d 711 (1945)

NATIONAL GRAIN YEAST CORPORATION v. CITY OF CRYSTAL LAKE.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 27, 1945.

Attorney(s) appearing for the Case

John H. S. Lee, Earle F. Tilley, and A. G. Humphrey, all of Chicago, Ill., for appellant.

Homer D. Dines and Joseph A. Conerty, both of Chicago, Ill., for appellee.

George F. Barrett, Atty. Gen. of Illinois (William C. Wines, Asst. Atty. Gen., of counsel), for George F. Barrett, Attorney General of Illinois, amicus curiae.

Before EVANS and MAJOR, Circuit Judges, and BRIGGLE, District Judge.

EVANS, Circuit Judge.

We are here reviewing an order which vacated a previously entered temporary restraining order and which also denied plaintiff's application for a preliminary injunction, in a suit brought to restrain defendant from shutting off its storm sewers and thus prevent plaintiff from operating its plant which requires an outlet for waste waters used in its process of yeast making.

Briefly stated, this is the story: Plaintiff filed a verified...

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