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TOWN OF STOOKEY v. EAST ST. ST. LOUIS & INTERURBAN WATER CO.

No. 36223.

22 Ill.2d 115 (1961)

174 N.E.2d 193

THE TOWN OF STOOKEY et al., Appellants, v. EAST ST. ST. LOUIS & INTERURBAN WATER COMPANY et al., Appellees.

Supreme Court of Illinois.

Rehearing denied May 17, 1961.

Attorney(s) appearing for the Case

WAGNER, CONNER, FERGUSON, BERTRAND & BAKER, of East St. Louis, (JOHN M. FERGUSON, and WENDEL P. McCRAY, of counsel,) for appellants.

EUGENE H. WIDMAN, City Attorney, of Belleville, and ISHAM, LINCOLN & BEALE, of Chicago, (RICHARD G. FERGUSON, ROBERT F. HANLEY, and A. DANIEL FELDMAN, of counsel,) for appellees.

CHARLES AND TRAUERNICHT, of St. Louis, Missouri, amici curiae.

Cause transferred.

Mr. JUSTICE SOLFISBURG delivered the opinion of the court:

This action was brought by plaintiffs, the town of Stookey, and others, against the East St. Louis & Interurban Water Company, the city of Belleville and others, seeking a declaratory judgment and injunctive relief to prohibit the Water Company from furnishing water to residents of areas recently annexed to the city of Belleville. From a decree in favor of defendants, the plaintiffs...

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