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CITY OF PEORIA v. PEORIA TRANSIT LINES, INC.

No. 34260.

11 Ill.2d 520 (1957)

144 N.E.2d 609

THE CITY OF PEORIA, Appellee, v. PEORIA TRANSIT LINES, INC., Appellant.

Supreme Court of Illinois.

Rehearing denied September 16, 1957.

Attorney(s) appearing for the Case

CASSIDY & CASSIDY, of Peoria, for appellant.

MAX J. LIPKIN, of Peoria, for appellee.

LATHAM CASTLE, Attorney General, (HARRY R. BEGLEY, of counsel,) for the Illinois Commerce Commission, amicus curiae.

Judgment affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The circuit court of Peoria County entered a summary judgment for $41,707.03 in favor of the city of Peoria and against Peoria Transit Lines, Inc. The judgment was based on defendant's failure to pay amounts alleged to be due under a franchise ordinance. The validity of the ordinance is challenged on constitutional grounds, and this court has jurisdiction on direct appeal.

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