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WINFIELD FIRE PROTECT. DIST. v. CITY OF WHEATON

No. 73-429.

29 Ill. App.3d 630 (1975)

332 N.E.2d 43

WINFIELD FIRE PROTECTION DISTRICT, Plaintiff-Appellant, v. THE CITY OF WHEATON, Defendant-Appellee.

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

June 24, 1975.

Attorney(s) appearing for the Case

Edward J. Vertovec, of Elmhurst, for appellant.

Fawell, James & Brooks, of Naperville (Gerald J. Brooks, of counsel), for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The Winfield Fire Protection District (WFPD) appeals from an order disconnecting territories. (Ill. Rev. Stat. 1973, ch. 127 1/2, par. 38.3). The construction and validity of the statute are in issue.

The statute provides, as material:

"Any territory within a fire protection district that is or has been annexed to a city, village or incorporated town that...

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