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CITY OF CHICAGO v. BUTLER BROS.

Gen. No. 45,964.

350 Ill. App. 550 (1953)

113 N.E.2d 210

City of Chicago, Appellee, v. Butler Brothers, and G.R. Herberger, Appellants.

Appellate Court of Illinois.

Released for publication July 10, 1953.

Attorney(s) appearing for the Case

EDWIN O. WACK, MILTON A. KOLAR, and ELAINE STRAUSCHILD, all of Chicago, for appellants.

JOHN J. MORTIMER, Corporation Counsel for City of Chicago, of Chicago, for appellee; L. LOUIS KARTON, Head of Appeals and Review Division, and SYDNEY R. DREBIN, Assistant Corporation Counsel, both of Chicago, of counsel.

MR. JUSTICE FEINBERG delivered the opinion of the court.

Plaintiff filed its complaint against defendants, consisting of two counts based on the alleged violation of the Smoke Abatement ordinance, Chapter 99-71 of the Municipal Code. A hearing without a jury resulted in a finding of guilty as to the corporate defendant and a fine of $100 and costs assessed against said defendant.

The ordinance is as follows:

"It shall be unlawful for any person owning...

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