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SERAFINE v. METROPOLITAN SAN. DIST.

No. 52901.

133 Ill. App.2d 93 (1971)

272 N.E.2d 716

DAN SERAFINE et al., Plaintiffs, v. THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, Defendant and Third-Party Plaintiff-Appellant — (SANTUCCI CONSTRUCTION Co. et al., Third-Party Defendants-Appellees.)

Appellate Court of Illinois — First District.

May 13, 1971.

Attorney(s) appearing for the Case

Allen S. Lavin and Sidney B. Baker, both of Chicago, for appellant.

John F. O'Meara and Thomas W. Dempsey, both of Lord, Bissell & Brook, of Chicago, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE McNAMARA delivered the opinion of the court:

Dan Serafine and the Exchange National Bank, as trustee of certain land for the benefit of Serafine, brought suit against The Metropolitan Sanitary District of Greater Chicago, hereinafter referred to as District, for damages arising out of a trespass to the land. The trespass had occurred when a sewer was built on the property without an easement having been obtained. A...

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