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SMITH v. CITY OF MACOMB

No. 75-239.

40 Ill. App.3d 658 (1976)

352 N.E.2d 697

DONALD L. SMITH et al., Plaintiffs-Appellees, v. THE CITY OF MACOMB et al., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied July 21, 1976.

Attorney(s) appearing for the Case

Barash & Stoerzbach, of Galesburg, Charles H. Flack and Harris & Harris, both of Macomb (Burrel Barash, of counsel), for appellants.

Kreger & Karton, Ltd., of Chicago (Donald J. Kreger and Robert Karton, of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE STOUDER delivered the opinion of the court:

The defendants (The city of Macomb, William Hvarven, William P. Hagerty and Florence Bell Hagerty) have appealed from a judgment of the circuit court of McDonough County granting the declaratory and injunctive relief sought by the plaintiffs (Donald L. Smith and Elnora J. Smith, Gary Sherer and Nancy Sherer, Wayne Steward and Carol...

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