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MONTGOMERY v. CITY OF GALVA

No. 41361.

41 Ill.2d 562 (1969)

244 N.E.2d 193

BARTON L. MONTGOMERY et al., Appellants, v. THE CITY OF GALVA, Appellee.

Supreme Court of Illinois.

Opinion filed January 29, 1969.

Attorney(s) appearing for the Case

BRIAN & RUMLEY, of Toulon, (JAMES L. REESE, of counsel,) for appellants.

WELCH AND BLACHINSKY, of Kewanee, for appellee.

Reversed and remanded.

Mr. CHIEF JUSTICE SOLFISBURG delivered the opinion of the court:

This is a direct appeal by plaintiffs, Barton L. Montgomery and Ruth Nichols, from a judgment of the circuit court of Henry County, denying plaintiffs' motion for summary judgment to declare invalid and enjoin the enforcement of an ordinance of defendant City of Galva imposing garbage disposal fees in conjunction with water bills, and allowing defendant's motion for summary...

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