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HENKHAUS v. BARTON

No. 76-448.

56 Ill. App.3d 767 (1977)

371 N.E.2d 1166

EDWARD HENKHAUS et al., Plaintiffs-Appellants, v. JAMES BARTON et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Rehearing denied February 9, 1978.

Attorney(s) appearing for the Case

D.A. McGrady, of McGrady & McGrady, of Gillespie, for appellants.

Donald L. Smith, Assistant State's Attorney, of Alton (Al J. Pranaitis, of counsel), for appellees.

Judgment affirmed.

Mr. JUSTICE JONES delivered the opinion of the court:

Plaintiffs appeal the trial court's granting of defendants' motion to dismiss. The issue is the sufficiency of the complaint to state a cause of action in a declaratory judgment case.

Plaintiffs filed a complaint for declaratory judgment, temporary restraining order, injunction and other relief as a class action in December of 1975. The suit was "on behalf of all individual John...

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