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LOOBY v. BUCK

Gen. No. 11,193.

20 Ill. App.2d 156 (1959)

155 N.E.2d 641

Frank B. Looby, Plaintiff-Appellee, v. H.P. Buck et al., Defendants-Appellants.

Appellate Court of Illinois — Second District, Second Division.

Rehearing denied February 9, 1959.

Released for publication February 9, 1959.

Attorney(s) appearing for the Case

Robert G. Scott, of Rock Island, for defendants-appellants.

Schroder & Schroder, by Robert C. Schroder, of Rock Island, for plaintiff-appellee.

JUSTICE SOLFISBURG delivered the opinion of the court.

This is a suit in equity to enjoin the defendants-appellants from altering the contour of their land by grading and excavating and thereby casting surface waters upon plaintiff's lands and for damages allegedly suffered by plaintiff as a result thereof. After a hearing on the merits, the court, which heard the case without a jury, dismissed plaintiff's prayer for injunctive relief for want of equity but entered...

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