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  5. 95 Ill.2d 344 (1983)
 

CITY OF CHICAGO EX REL. KONSTANTELOS v. DUN. TR. EQ. CO.

Nos. 56150, 56152 cons.

95 Ill.2d 344 (1983)

447 N.E.2d 789

THE CITY OF CHICAGO ex rel. DEMETRI KONSTANTELOS et al., Appellees, v. DUNCAN TRAFFIC EQUIPMENT COMPANY et al., Appellants. — THE CITY OF CHICAGO, Appellee, v. DUNCAN TRAFFIC EQUIPMENT COMPANY et al., Appellants.

Supreme Court of Illinois.

Opinion filed March 25, 1983.

Attorney(s) appearing for the Case

Sidney J. Hess, Jr., Roger L. Price, and Gary E. Mitchell, of Aaron, Schimberg, Hess, Rusnak, Deutsch & Gilbert, of Chicago, for appellants Duncan Traffic Equipment Company, Jerome J. Robinson, and T.A. Mieczynski.

James N. Karahalios, of Chicago, for appellant John Geocaris.

George C. Pontikes, of Foss, Schuman & Drake, of Chicago, for appellee Demetri Konstantelos.

Affirmed and remanded.

JUSTICE GOLDENHERSH delivered the opinion of the court:

Demetri Konstantelos (hereafter plaintiff) appealed from the order of the circuit court of Cook County dismissing his action filed as a taxpayer pursuant to section 1-5-1 of the Illinois Municipal Code (Ill. Rev. Stat. 1979, ch. 24, par. 1-5-1) in the name and for the benefit of the city of Chicago against Duncan Traffic Equipment Company (hereafter Duncan). He also appealed

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