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BANKERS LIFE & CAS. CO. v. CHICAGO

No. 35841.

21 Ill.2d 172 (1961)

171 N.E.2d 577

BANKERS LIFE AND CASUALTY COMPANY, Appellee, v. THE CITY OF CHICAGO, Appellant.

Supreme Court of Illinois.

Opinion filed January 20, 1961.

Attorney(s) appearing for the Case

JOHN C. MELANIPHY, Corporation Counsel, of Chicago, (SYDNEY R. DREBIN, and HARRY H. POLLACK, Assistant Corporation Counsel, of counsel,) for appellant.

BRUNDAGE & SHORT, and WILLIAM C. WINES, both of Chicago, (CHARLES F. SHORT, JR., and NARCISSE A. BROWN, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Plaintiff instituted this action in the superior court of Cook County for a declaratory judgment that a building permit issued plaintiff is valid, that plaintiff has a legal right to construct a building in accordance with the permit, and that an ordinance of the city of Chicago declaring plaintiff's building to be a public nuisance is unconstitutional. From a judgment for plaintiff...

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