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LOEWENTHAL SECUR. CO. v. CITY OF CHICAGO

Gen. No. 45,265.

343 Ill. App. 159 (1951)

98 N.E.2d 541

Loewenthal Securities Company, and Bankers Life Company, Appellees, v. City of Chicago, Appellant.

Appellate Court of Illinois.

Released for publication May 7, 1951.

Attorney(s) appearing for the Case

JOHN J. MORTIMER, Acting Corporation Counsel, of Chicago, for appellant; L. LOUIS KARTON, Head of Appeals and Review Division, and HARRY H. POLLACK, Assistant Corporation Counsel, both of Chicago.

MARKMAN, DONOVAN & SULLIVAN, of Chicago, for appellees; JOHN P. SULLIVAN, and THOMAS C. DONOVAN, both of Chicago, of counsel.

MR. JUSTICE FEINBERG delivered the opinion of the court.

Defendant appeals from an order awarding a writ of mandamus issued against it, its officers and officials, and the city council, requiring them to pay the moneys in the fund known as the "unclaimed rebate fund," created by chapter 24, pars. 86-4 to 86-9, inclusive, Illinois Revised Statutes, 1947 [Jones Ill. Stats. Ann. 21.2334 to 21.2339], into the City of Chicago special assessment fund covering certain warrant...

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