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McKENZIE v. McINTOSH

Gen. No. 11,866.

50 Ill. App.2d 370 (1964)

200 N.E.2d 138

Max E. McKenzie, Highway Commissioner of Milton Township, Appellant, v. Arthur T. McIntosh and Company, a Delaware Corporation, Appellee, and the County of DuPage, a Body Politic and Corporate.

Appellate Court of Illinois — Second District.

Rehearing denied July 31, 1964.

Attorney(s) appearing for the Case

Schmid and Ormstrom, of Glen Ellyn, for appellant.

Rathje, Woodward & Dyer, of Wheaton, for appellee.

CARROLL, J.

Plaintiff, Max E. McKenzie, Highway Commissioner of Milton Township in DuPage County, brought suit against Arthur T. McIntosh & Company, a subdivider under a DuPage County subdivision regulation requiring subdividers to deposit bonds or other securities with the Highway Commissioner in order to insure construction of streets in accordance with the County's regulations.

The complaint, which was filed in August of 1962, alleges that on January...

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