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CITY, DES PLAINES v. METROPOLITAN SAN. DIST.

No. 46481.

59 Ill.2d 29 (1974)

319 N.E.2d 9

THE CITY OF DES PLAINES, Appellee, v. THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, Appellant.

Supreme Court of Illinois.

Rehearing denied November 26, 1974.

Attorney(s) appearing for the Case

Allen S. Lavin, of Chicago (Vincent P. Flood, James B. Murray, Michael G. Rosenberg and Robert E. Wiss, of counsel), for appellant.

Robert J. Di Leonardi, of Des Plaines, for appellee.

Frank M. Pfeifer and Thomas W. Kelty, of Springfield, for amicus curiae Illinois Municipal League.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

Plaintiff, City of Des Plaines, appealed from the judgment of the circuit court of Cook County entered upon allowance of the motion of the defendant, the Metropolitan Sanitary District of Greater Chicago, to dismiss plaintiff's complaint. The appellate court reversed (16 Ill.App.3d 23) and we allowed defendant...

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