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LIBERTY NAT. BANK OF CHI. v. METRICK

No. 32098.

410 Ill. 429 (1951)

102 N.E.2d 308

LIBERTY NATIONAL BANK OF CHICAGO, Appellant, v. IRVING METRICK et al., Appellees.

Supreme Court of Illinois.

Opinion filed November 27, 1951.

Attorney(s) appearing for the Case

HARRY G. FINS, of Chicago, for appellant.

GOTTLIEB & SCHWARTZ, and JESMER & HARRIS, both of Chicago, (CLAUDE A. ROTH, and H.R. BEGLEY, of counsel,) for appellees.

Cause transferred.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

The Liberty National Bank of Chicago, as trustee under a certain trust, brought suit against the Metrick Electric Company and the Checker Taxi Company, praying for a mandatory injunction to compel the removal of a metal telephone pole inserted along the edge of the sidewalk abutting premises claimed to be owned by the plaintiff. Appellees filed a motion to dismiss the complaint. The...

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