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KING v. DEPARTMENT OF PUBLIC HEALTH

Gen. No. 10,464.

43 Ill. App.2d 201 (1963)

193 N.E.2d 108

Arthur King and Vlasta King, Plaintiffs-Appellees, v. Department of Public Health, State of Illinois, Defendant-Appellant.

Appellate Court of Illinois — Third District.

October 11, 1963.

Attorney(s) appearing for the Case

William G. Clark, Attorney General, of Chicago (William C. Wines, Raymond S. Sarnow, A. Zola Groves and Edward A. Berman, Assistant Attorneys General, of counsel), for appellant.

Droste & Droste, of Mt. Olive (Robert L. Droste, of counsel), for appellee.

CARROLL, PRESIDING JUSTICE.

This is a declaratory judgment action brought by the plaintiffs seeking a declaration that certain premises are not subject to "An act for the sanitary control of swimming pools." The Department of Public Health counterclaimed for an injunction restraining the plaintiffs from operating a swimming area on the premises because of alleged violations under the said Act. The trial court found that the premises were

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