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DI SANTO v. CITY OF WARRENVILLE

No. 76-558.

59 Ill. App.3d 931 (1978)

376 N.E.2d 288

ENRICO G. DI SANTO et al., Plaintiffs-Appellants, v. THE CITY OF WARRENVILLE et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied June 9, 1978.

Attorney(s) appearing for the Case

Chester A. Lizak and Alan L. Stefaniak, both of Schmidt, DiMonte, Baker & Lizak, of Chicago, for appellants.

Isham, Lincoln & Beale and Raymond A. Fylstra, of Chapman & Cutler, both of Chicago, and John T. Perry, of Vescelus & Perry, of Wheaton, for appellees.

Judgment affirmed.

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

Plaintiffs, on behalf of themselves and all users of water from the defendant city, sued to rescind a contract by which the city had acquired a waterworks and sewerage system from a private owner. They also sought refunds on behalf of the class. The trial court dismissed the complaint on grounds of laches and lack of standing; and further found that the class action was...

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