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DIXIE DAIRY COMPANY v. CITY OF CHICAGO

No. 70 C 3212.

355 F.Supp. 1351 (1973)

DIXIE DAIRY COMPANY, a corporation, Plaintiff, v. CITY OF CHICAGO, a municipal corporation, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

March 15, 1973.

Attorney(s) appearing for the Case

Francis J. McConnell, John Borst, Jr., Richard P. Campbell, of McConnell, Curtis, Mahon & Borst, Chicago, Ill., for plaintiff.

Richard L. Curry, Corp. Counsel, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on the defendants' motion for summary judgment.

This is an action for declaratory judgment and injunctive relief based on the alleged unconstitutionality of a City of Chicago ordinance and the actions of the Chicago Board of Health pursuant to that ordinance. Damages, resulting from loss of revenue and profits, are alleged to substantially exceed $10,000 exclusive of interest and...

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