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YOUNG v. VILLAGE OF GLEN ELLYN

Nos. 82-871, 82-881 cons.

120 Ill. App.3d 692 (1983)

458 N.E.2d 1137

E. LAWRENCE YOUNG, JR., et al., Plaintiffs-Appellees, v. THE VILLAGE OF GLEN ELLYN et al., Defendants-Appellants. — BROWNING FERRIS INDUSTRIES, INC., Plaintiff-Appellee, v. THE VILLAGE OF GLEN ELLYN et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed December 30, 1983.

Attorney(s) appearing for the Case

Huck & Walsh, of Wheaton, for appellant Village of Glen Ellyn.

John J. O'Toole and John R. Fielding, both of Chicago, for appellant Theta Systems, Inc.

Thomas L. Johnson, of Wheaton, for appellee Browning Ferris Industries, Inc.

John F. Garrow and Alfred E. Woodward, both of Rathje, Woodward, Dyer & Burt, of Wheaton, for other appellees.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

Defendants, the village of Glen Ellyn and Laidlaw Waste Systems, Inc., appeal from a summary judgment entered in favor of plaintiffs, E. Lawrence Young, Jr., et al. and Browning Ferris Industries of Illinois, Inc., declaring that a contract for garbage removal entered into between the village and Laidlaw was void and enjoining its performance.

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