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ODD FELLOWS CEMETERY v. OAKRIDGE CEMETERY

Gen. Nos. 47,131 and 47,132, consolidated.

14 Ill. App.2d 378 (1957)

144 N.E.2d 853

Odd Fellows Oakridge Cemetery Association; Palm — I Will Lodge No. 58; Baptist Home and Hospital; and Pipefitters Association Local Union 597 — U.A., Plaintiffs, v. Oakridge Cemetery Corporation, Village of Westchester and John Nuveen & Co., Defendants-Appellees. Appeal of Odd Fellows Oakridge Cemetery Association; Palm — I Will Lodge No. 58, and Pipefitters Association, Local Union 597 — U.A., Plaintiffs-Appellants, and of Verna Upell Albright, et al., Additional Appellants. Odd Fellows Oakridge Cemetery Association; Palm — I Will Lodge No. 58; Baptist Home and Hospital; and Pipefitters Association Local Union 597 — U.A., Plaintiffs, v. Oakridge Cemetery Corporation, Village of Westchester and John Nuveen & Co., Defendants-Appellees. Appeal of Verna Upell Albright, et al. from orders denying their applications to intervene as Parties Plaintiff.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied September 27, 1957.

Released for publication September 30, 1957.

Attorney(s) appearing for the Case

Schultz, Krinsley, Voorheis & Hedberg, of Chicago (Raymond Harkrider, and Robert B. Moore, both of Chicago, of counsel) for appellants. Hugh J. McCarthy and John J. Enright, of Chicago, attorneys for Pipefitters Association Local Union 587 — U.A., appellant.

Friedlund, Levin & Friedlund, Raymond A. Smerge, Tenney, Sherman, Bentley & Guthrie, and Charles F. Grimes and William B. Garrett, all of Chicago (S. Ashley Guthrie, Elmer M. Leesman, William B. Garrett, and Raymond A. Smerge, all of Chicago, of counsel) for defendants-appellees.

The court adopts the following opinion, written by JUDGE NIEMEYER, as the opinion of the court.

Three of the original plaintiffs and 106 individuals, owners of or interested in burial lots and grave sites in Oakridge Cemetery, owned, operated and maintained by defendant Oakridge Cemetery Corporation, hereafter called The Cemetery, appeal from a decree dismissing for want of equity the complaint of the original plaintiffs...

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