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SCHAEFER v. BURNSTINE

No. 34605.

13 Ill.2d 464 (1958)

150 N.E.2d 113

N.J. SCHAEFER, Appellee, v. M. DAVID BURNSTINE et al., Appellants.

Supreme Court of Illinois.

Rehearing denied May 23, 1958.

Attorney(s) appearing for the Case

REIDY, KATZ, McANDREWS, DURKEE & TELLEEN, of Rock Island, and BESSE & BESSE, of Sterling, (KENNARD J. BESSE, and ISADORE I. KATZ, of counsel,) for appellants.

BULL, LUDENS & POTTER, of Morrison, and JOHN C. PIGNATELLI, of Sterling, (MASON BULL, and ROBERT H. POTTER, of counsel,) for appellee.

Decree affirmed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Plaintiff, N.J. Schaefer, filed an action in the circuit court of Whiteside County, for the issuance of a writ of injunction restraining and enjoining defendants, M. David Burnstine and Elizabeth Burnstine, from obstructing a right of way, ordering defendants to remove a fence which narrows the right of way, and for other relief. Plaintiff purported to be the owner of an easement for...

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