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ROSEWOOD CORP. v. ILLINOIS BELL TEL. CO.

Gen. No. 50,341.

69 Ill. App.2d 331 (1966)

217 N.E.2d 569

Rosewood Corporation, an Illinois Corporation, Plaintiff-Appellee, v. Illinois Bell Telephone Company, a Corporation, and Sidney R. Olsen, Registrar of Titles, and County of Cook, a Municipal Corporation, Defendants-Appellants.

Appellate Court of Illinois — First District, First Division.

Rehearing denied March 28, 1966.

Attorney(s) appearing for the Case

Sidley, Austin, Burgess & Smith, of Chicago (Kenneth F. Burgess, James E.S. Baker, Henry A. Preston and George A. Platz, of counsel), for appellant, Illinois Bell Tel. Co.

Moses and Theodore J. Levitan, of Chicago, for appellee.

MR. JUSTICE BURMAN delivered the opinion of the court.

This suit for a declaratory judgment concerns a dispute between the Illinois Bell Telephone Company and the Rosewood Corporation, the owner of a parcel of real estate in Chicago, as to which of the parties is obligated to pay the costs of removing telephone equipment from the property. The case turns on the question of whether Rosewood is bound by an agreement under which a prior owner of the property obligated...

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