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MANGINI v. OAK PARK TRUST & SAV. BANK

Gen. No. 11,747.

43 Ill. App.2d 318 (1963)

193 N.E.2d 479

William W. Mangini, Jr., et al., Plaintiffs-Appellees, v. Oak Park Trust and Savings Bank, et al., Defendants-Appellants.

Appellate Court of Illinois — Second District, First Division.

Rehearing denied November 12, 1963.

Attorney(s) appearing for the Case

Anthony Caliendo, of Melrose Park, for appellant, Oak Park Trust & Savings Bank.

Corrigan and Mackay, of Wheaton (John R. Mackay, of counsel), for appellees.

SMITH, J.

We here review the decree of the DuPage County Circuit Court enforcing by injunction a restrictive covenant in deeds to a subdivision containing some 251 lots. All of the lots have been sold. The plaintiffs are the owners of about 30 lots in the subdivision and the defendants own about 10. Defendants were engaged in or about to engage in the resubdivision of the original lots into smaller lots. The trial court held that this was a violation of the restrictive...

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