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CITIES SER. OIL CO. v. CITY OF DES PLAINES

No. 35771.

21 Ill.2d 157 (1961)

171 N.E.2d 605

CITIES SERVICE OIL COMPANY, Appellee, v. THE CITY OF DES PLAINES et al., Appellants.

Supreme Court of Illinois.

Opinion filed January 20, 1961.

Attorney(s) appearing for the Case

JAMES J. DOWD, City Attorney, of Des Plaines, (DONALD E. MOEHLING, and MARY V. NEFF, both of Chicago, of counsel,) for appellants.

E. GRAY HAYDEN, and MURPHY AND PEARSON, both of Chicago, (EUGENE DOONER MURPHY, of counsel,) for appellee.

Decree affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Cities Service Oil Company brought suit in the circuit court of Cook County against the city of Des Plaines and certain of its officers, to enjoin enforcement of an ordinance prohibiting the location of a gasoline station within 300 feet of any school, hospital, church or theater. From a decree granting relief the defendants appeal directly to this court, on the theory that validity...

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