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DORSEY v. MATERIAL SERVICE CORP.

Gen. No. 46,750.

9 Ill. App.2d 428 (1956)

133 N.E.2d 730

C. Peter Dorsey, et al., Appellants, v. Material Service Corporation, Consumers Company, Standard Lime and Stone Company, and Dolese and Shephard Co., Appellees.

Appellate Court of Illinois — First District, First Division.

Released for publication April 30, 1956.

Attorney(s) appearing for the Case

Loeff & Panter, of Chicago, for appellants; Max Chill, and Norman S. Esserman, both of Chicago, of counsel.

MacLeish, Spray, Price & Underwood, and Baker, McKenzie & Hightower, of Chicago, for appellee Consumers Company; Winston, Strawn, Black & Towner, of Chicago, for appellee Standard Lime and Cement Company; Joseph W. Townsend, and Wendell J. Brown, both of Chicago, of counsel. Thomas J. Downs, and William W. Curran, both of Chicago, for appellee Dolese & Shephard Co.; Thomas J. Downs, and William W. Curran, both of Chicago, of counsel. Schradzke, Gould & Ratner, and Lord, Bissell & Brook, of Chicago, for appellee Material Service Corporation; Benjamin Z. Gould, Gerald Ratner, Stephen A. Milwid, and Richard E. Mueller, all of Chicago, of counsel.

PRESIDING JUSTICE FRIEND delivered the opinion of the court.

This case was here consolidated for hearing with Opal et al. v. Material Service Corporation, No. 46.751, in which an opinion is being concurrently filed.

In this proceeding, fifty-five plaintiffs brought suit against four defendants to enjoin them from continuing the excessive and unreasonable use of explosives in the operation of their quarries, constituting a nuisance, as plaintiffs allege, and...

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