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KRUSE v. STREAMWOOD UTILITIES CORP.

Gen. No. 48,372.

34 Ill. App.2d 100 (1962)

180 N.E.2d 731

John Kruse and Joseph Scott, Appellants, v. Streamwood Utilities Corporation, et al., Defendants. Streamwood Utilities Corporation, Streamwood Development Corporation, Streamwood Home Builders, Inc., and Morris Dreyfus, and Sidney Robbins, Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied March 21, 1962.

Attorney(s) appearing for the Case

Harry R. Booth, of Chicago, for appellant.

Gilbert H. Hennessey, Jr., Philip W. Tone and Robert E. Pfaff, of Chicago (Thompson, Raymond, Mayer, Jenner & Bloomstein, of Chicago, of counsel), for defendants-appellees, Streamwood Home Builders, Inc., and Morris Dreyfus and Sidney Robbins, and Bromson Grow, of Chicago (Dale, Haffner & Grow, of Chicago, of counsel), for defendants-appellees, Streamwood Utilities Corporation and Streamwood Development Co.

MR. PRESIDING JUSTICE McCORMICK delivered the opinion of the court.

This is an appeal taken from a summary judgment entered in the Circuit Court of Cook County dismissing the complaint for want of equity.

The complaint was filed as a representative or class suit on behalf of all the homeowners in the Village of Streamwood. It was in three counts. Count I prayed that the franchise of Streamwood Utilities Corporation (hereinafter referred to as "Utilities")...

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