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CITY OF WEST FRANKFORT v. FULLOP

No. 33509.

6 Ill.2d 609 (1955)

129 N.E.2d 682

THE CITY OF WEST FRANKFORT, Appellant, v. HENRY FULLOP et al., d/b/a The Eastern Petroleum Company, Appellees.

Supreme Court of Illinois.

Rehearing denied November 21, 1955.

Attorney(s) appearing for the Case

F.P. HANAGAN, of Benton, for appellant.

PYLE & McCALLISTER, of Carmi, for appellees.

Reversed and remanded.

Mr. CHIEF JUSTICE HERSHEY delivered the opinion of the court:

The plaintiff, City of West Frankfort, which operates a municipal water system supplied from Lake West Frankfort, owned by the city and located some eight miles east of the city limits, enacted an ordinance declaring a certain area around the lake a drainage area, reciting a prohibition of oil and gas well operations there as necessary...

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