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FINK v. BOARD OF TRUSTEES OF SOUTHERN ILL. UNIV.

Gen. No. 65-94.

71 Ill. App.2d 276 (1966)

218 N.E.2d 240

Leroy M. Fink and Clarence W. Bohm, Plaintiffs-Appellees, v. The Board of Trustees of Southern Illinois University, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Rehearing denied July 26, 1966.

Attorney(s) appearing for the Case

Donald R. James and Durr & Durr, all of Edwardsville, for appellant.

Reed, Armstrong and Gorman, of Edwardsville, for appellees.

EBERSPACHER, J.

Plaintiffs brought suit to enjoin construction of a dam upstream on an intermittent watercourse which flows past their property. They also sought to enjoin defendant from discharging sewage effluent from their sewer treatment plant into said watercourse. Plaintiffs further sought to have their attorney fee expense taxed as costs. The trial court, after hearing, denied the injunction as to the construction of the dam and denied attorney fees. From this...

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