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ARIOLA v. NIGRO

No. 34945.

16 Ill.2d 46 (1959)

156 N.E.2d 536

SAVERIO ARIOLA et al., Appellants, v. DANIEL M. NIGRO et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 18, 1959.

Attorney(s) appearing for the Case

HOFFMAN & DAVIS, and CROWLEY, SPRECHER & BARRETT, both of Chicago, (MAURICE L. DAVIS, ROBERT A. SPRECHER, and FRANK A. KARABA, of counsel,) for appellants.

BROWN, DASHOW & LANGELUTTIG, and GUERINE & GUERINE, both of Chicago, (ALBERT LANGELUTTIG, JACK JOSEPH, and IRA J. FRIEDMAN, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE BRISTOW delivered the opinion of the court:

This is a direct appeal by both plaintiffs and defendants from a decree of the circuit court of Cook County allowing plaintiffs damages for a roof drainage system removed by defendants, but denying plaintiffs' request for a mandatory injunction to compel defendants to remove such portion of their building as encroaches on plaintiffs' property and destroys plaintiffs' easement for...

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