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CITIZENS UTILITIES CO. v. METROPOLITAN SAN. DIST.

No. 57027.

25 Ill. App.3d 252 (1974)

322 N.E.2d 857

CITIZENS UTILITIES COMPANY OF ILLINOIS, Plaintiff-Appellee, v. THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

December 17, 1974.

Attorney(s) appearing for the Case

Allen S. Lavin and Foran, Wiss and Schultz, both of Chicago (Robert E. Wiss and James J. Casey, of counsel), for appellant.

Sheldon Karon, Joseph A. Spitalli, and Robert M. Kluchin, all of Chicago (Friedman & Koven, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE LEIGHTON delivered the opinion of the court:

This appeal arises from a suit by Citizens Utilities Company of Illinois, a privately owned public utility, against the Metropolitan Sanitary District of Greater Chicago to recover, under the constitution, for damage to a sewage treatment plant.1 The material facts are not in dispute.

On December 18, 1962, the Sanitary District, acting within its...

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