DUFFY, Chief Judge.
Plaintiffs brought an action in equity in an Illinois state court asking that defendant abate an alleged nuisance. Later, claiming the nuisance had been abated, plaintiffs amended their complaint seeking damages. On the basis of diversity of citizenship, the cause was removed to the United States District Court for the Eastern District of Illinois. Thereafter, defendant moved to dismiss the complaint upon the ground that it did not state a claim...
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