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CITY OF CHICAGO v. COMMONWEALTH EDISON CO.

No. 59336.

24 Ill. App.3d 624 (1974)

321 N.E.2d 412

THE CITY OF CHICAGO, Plaintiff-Appellant, v. COMMONWEALTH EDISON COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

November 27, 1974.

Attorney(s) appearing for the Case

Richard L. Curry, Corporation Counsel, of Chicago (Daniel Pascale, Jerome A. Siegan, and William R. Quinlan, Assistant Corporation Counsel, of counsel), for appellant.

Isham, Lincoln & Beale, of Chicago (Richard E. Powell, C. Richard Johnson, and Christine H. Dykstra, of counsel), for appellee.

Judgment affirmed.

Mr. JUSTICE BURKE delivered the opinion of the court:

The City of Chicago appeals from a decree denying injunctive relief sought by the City against the Commonwealth Edison Company. The City attempted to enjoin the operation of Edison's Hammond. Indiana, electric generating facility alleging that the facility was a common law nuisance to the residents of Chicago. After extensive testimony the trial judge found that the evidence was insufficient...

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