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YELLOW CAB CO. v. CITY OF CHICAGO

No. 36267.

23 Ill.2d 453 (1961)

178 N.E.2d 330

YELLOW CAB COMPANY et al., Appellants, v. THE CITY OF CHICAGO et al., Appellees.

Supreme Court of Illinois.

Opinion filed November 30, 1961.

Attorney(s) appearing for the Case

LEE A. FREEMAN, ROBERT E. SAMUELS, and KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, all of Chicago, for appellant Yellow Cab Company, and JESMER AND HARRIS, and WILLIAM C. WINES, both of Chicago, (HOWARD ELLIS, and JOHN M. O'CONNOR, JR., of counsel,) for appellant Checker Taxi Company, Inc.

JOHN C. MELANIPHY, Corporation Counsel, of Chicago, (SYDNEY R. DREBIN, JOHN TUOHY, LEONARD R. HARTENFELD, and ROBERT J. COLLINS, Assistant Corporation Counsel, of counsel,) for appellees.

Reversed in part and affirmed in part.

Mr. JUSTICE SOLFISBURG delivered the opinion of the court:

Plaintiffs Yellow Cab Company and Checker Taxi Company, Inc., brought an action in the superior court of Cook County for an injunction, declaratory judgment and other relief seeking to enjoin the enforcement of and to declare unconstitutional two taxicab ordinances passed by the city council of the city of Chicago on August 24, 1959. The trial court, upon a motion...

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