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CITY OF NORTHLAKE v. CITY OF ELMHURST

Gen. No. 48,901.

41 Ill. App.2d 190 (1963)

190 N.E.2d 375

The City of Northlake, a Municipal Corporation, Plaintiff and Counterdefendant-Appellee, Harold Alden, et al., Plaintiffs-Appellees, v. The City of Elmhurst, a Municipal Corporation, Defendant and Counterplaintiff-Appellant, Charles Weigel, Jr., Mayor of the City of Elmhurst, and Robert T. Palmer, City Manager of the City of Elmhurst, Defendants-Appellants.

Appellate Court of Illinois — First District, Third Division.

Supplemental opinion May 28, 1963.

Rehearing denied May 28, 1963.

Attorney(s) appearing for the Case

George E. Billett, of Chicago (Ervin F. Wilson and Thomas A. McManigal, of counsel), for defendants and counterplaintiff-appellant.

Edward B. O'Shea, Jr., and Robert Irmiger, of Chicago, for plaintiffs and counter-defendant.

MR. JUSTICE McCORMICK delivered the opinion of the court.

An action was brought by the City of Northlake and certain of its residents seeking an injunction against the City of Elmhurst, its mayor and city manager, to restrain them from allowing the discharge of water and sewage alleged to be flowing upon Northlake property from a certain portion of the Elmhurst sewer system through a 72-inch drain. The City of Elmhurst...

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