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CITY OF WHEATON v. CHICAGO, A. & E. RY. CO.

Gen. No. 46,379.

3 Ill. App.2d 29 (1954)

120 N.E.2d 370

Cities of Wheaton, Batavia, Elmhurst, St. Charles and Geneva; and the Villages of Bellwood, Glen Ellyn, Lombard and Maywood, all Municipal Corporations of the State of Illinois; and the County of Du Page; and West Suburban Transportation Council, an Unincorporated Association, Plaintiffs-Appellees, v. Chicago, Aurora and Elgin Railway Company, Defendant-Appellant.

Appellate Court of Illinois.

Rehearing denied July 2, 1954.

Released for publication July 2, 1954.

Attorney(s) appearing for the Case

FRIEDMAN, ZOLINE & ROSENFIELD, of Chicago, for appellant; JOSEPH T. ZOLINE, and JACK H. OPENHEIM, both of Chicago, of counsel.

TENNEY, SHERMAN, BENTLEY & GUTHRIE, of Chicago, for appellees; S. ASHLEY GUTHRIE, and FRANCIS D. FISHER, both of Chicago, of counsel.

MR. JUSTICE KILEY delivered the opinion of the court.

This is an appeal by defendant Company from an interlocutory order granting plaintiffs a temporary injunction restraining the Company from distributing proceeds of a condemnation award and of a sale of equipment.

Defendant operates an electric railroad between Forest Park, Illinois and the plaintiff cities and villages to the West. Until about September 15...

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