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MAHONEY GREASE SERVICE, INC. v. CITY OF JOLIET

No. 79-23.

85 Ill. App.3d 578 (1980)

406 N.E.2d 911

MAHONEY GREASE SERVICE, INC., Plaintiff-Appellant, v. THE CITY OF JOLIET et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Rehearing denied July 29, 1980.

Attorney(s) appearing for the Case

Richard T. Buck and Timothy J. Rathbun, both of McKeown, Fitzgerald, Zollner, Buck, Sangmeister & Hutchinson, of Joliet, for appellant.

Raymond A. Feeley, of Kozlowski, Polito & Feeley, and Nicholas Sakellariou, both of Joliet, for appellees.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

The plaintiff, Mahoney Grease Service, Inc., filed a four-count complaint against the city of Joliet and 12 present and former city councilmen. Pursuant to a motion to dismiss all counts of the complaint under section 45 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 45) the trial court dismissed all four counts of the complaint for failing...

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