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FAIRBANKS, MORSE & CO. v. CITY OF FREEPORT

No. 33287.

5 Ill.2d 85 (1955)

125 N.E.2d 57

FAIRBANKS, MORSE & CO. et al., Appellees, v. THE CITY OF FREEPORT, Appellant.

Supreme Court of Illinois.

Rehearing denied March 22, 1955.

Attorney(s) appearing for the Case

HAROLD R. NETTLES, Corporation Counsel, and JOHN G. GARRITY, both of Freeport, for appellant.

BURRELL & HOLTAN, of Freeport, JOHNSTON, THOMPSON, RAYMOND & MAYER, of Chicago, and NACK & NACK, of Galena, (DAVID M. BURRELL, ANAN RAYMOND, LOUIS NACK, EDWARD E. LYNN, and WILLIAM D. RANDOLPH, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

This is an appeal from a decision of the circuit court of Stephenson County entered in a declaratory judgment action wherein sections 7-1 through 7-6.1 of the Revised Cities and Villages Act (Ill. Rev. Stat. 1953, chap. 24, pars. 7-1 through 7-6.1,) were declared unconstitutional. Said provisions relate to the annexation of territory to a municipality and were contained in House...

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