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CONSOL. CABLE UTILITIES v. CITY OF AURORA

No. 81-660.

108 Ill. App.3d 1035 (1982)

439 N.E.2d 1272

CONSOLIDATED CABLE UTILITIES, INC., Plaintiff-Appellee, v. THE CITY OF AURORA et al., Defendants. — (COMMONWEALTH EDISON COMPANY et al., Defendants-Appellants.)

Appellate Court of Illinois — Second District.

Rehearing denied October 12, 1982.

Attorney(s) appearing for the Case

Paul F. Hanzlik and Bruce D. Becker, both of Isham, Lincoln & Beale, and Rochelle Cabot and Priscilla C. Sperling, both of Mayer, Brown and Platt, and L. Bow Pritchett, George J. Reithal, and Robert Guritz, all of Chicago, for appellants.

Donald L. Puckett and John P. Duggan, both of Puckett, Barnett, Larson, Mickey, Wilson and Ochsenschlager, of Aurora, for appellee.

Reversed and remanded.

JUSTICE HOPF delivered the opinion of the court:

Plaintiff, Consolidated Cable Utilities, Inc., brought this action seeking both a declaratory judgment pursuant to section 57.1 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 57.1) and injunctive relief. The circuit court of Kane County granted the relief sought by Consolidated, giving it access to install cable for television on certain backyard easements. Only defendants...

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