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FRED HARVEY, INC. v. MOONEY

No. 75-1121.

526 F.2d 608 (1975)

FRED HARVEY, INC., Plaintiff-Appellee, v. Ellen B. MOONEY, Clerk of the Village of Hinsdale, et al., Defendants-Appellees, Edward Plumb, Petitioner-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 1975.

Rehearing Denied December 16, 1975.

Attorney(s) appearing for the Case

Paul Gendel, Chicago, Ill., Richard Hoffman, Evanston, Ill., for petitioner-appellant.

James L. Marovitz, Merle L. Royce, II, Chester J. Maciorowski, Champ W. Davis, Jr., and George R. Hooper, Chicago, Ill., for plaintiff-appellee.

Before STEVENS and SPRECHER, Circuit Judges, and GRANT, Senior District Judge.

SPRECHER, Circuit Judge.

This appeal in a diversity case raises the question of whether an applicant for intervention as of right can claim an interest relating to the property which is the subject of the action when, under Illinois law, he seeks to represent petitioners in one annexed area who petitioned to change the status of another annexed area from wet to dry under Ill.Rev.Stats. ch. 43, § 173.1(b).

I

The plaintiff, Fred Harvey, Inc.,...

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