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HICKEY v. ILL. CENTRAL R.R. CO.

No. 39772.

35 Ill.2d 427 (1966)

220 N.E.2d 415

LAWRENCE P. HICKEY et al., Appellants, v. ILLINOIS CENTRAL RAILROAD COMPANY, Appellee.

Supreme Court of Illinois.

Rehearing denied October 27, 1966.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (EDMUND A. STEPHAN, SHERWOOD K. PLATT, ROBERT L. STERN, and ARNOLD H. LOZOWICK, Special Assistant Attorneys General, of counsel,) for appellant State of Illinois.

RAYMOND F. SIMON, Corporation Counsel, LEONARD R. HARTENFELD, O'KEEFE, O'BRIEN, HANSON AND ASHENDEN, JOHN O. TOUHY, and BURTON H. YOUNG, all of Chicago, for other appellants.

ROBERT MITTEN, A. EDMUND PETERSON, JOHN MANN, WILLIAM M. RICE, and KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, all of Chicago, (THOMAS M. THOMAS, WILLIAM R. THEISS, and GORDON H.S. SCOTT, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

Shortly after dismissal of their similar suit in the Federal courts (Hickey v. Illinois Central Railroad, (7th cir., 1960,) 278 F.2d 529, cert. den. 364 U.S. 918) several taxpayers filed an action in the circuit court of Cook County against the Illinois Central Railroad Company alleging that

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