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CITY OF TUSCOLA v. D & B REFUSE SERVICE

Nos. 4-84-0396, 4-84-0416 cons.

131 Ill. App.3d 168 (1985)

475 N.E.2d 633

THE CITY OF TUSCOLA, Plaintiff, v. D & B REFUSE SERVICE, INC., et al., Defendants (United Waste Systems, Inc., Cross-plaintiff-Appellant, v. D & B Refuse Service, Inc., Cross-defendant-Appellee). — THE CITY OF TUSCOLA, Plaintiff-Appellee, v. D & B REFUSE SERVICE, INC., Defendant-Appellant (United Waste Systems, Inc., Defendant).

Appellate Court of Illinois — Fourth District.

Modified on denial of rehearing March 28, 1985.

Attorney(s) appearing for the Case

James A. Martinkus, of Erwin, Martinkus, Cole & Ansel, Ltd., of Champaign, for United Waste Systems, Inc.

Paul R. Lynch and Rochelle A. Funderburg, both of Craig & Craig, of Mattoon, for D & B Refuse Service, Inc.

No appearance for appellee City of Tuscola.

Affirmed in part and reversed in part.

JUSTICE TRAPP delivered the opinion of the court:

D & B Refuse Service, Inc. (D & B), appeals from an injunction issued in favor of the city of Tuscola (Tuscola) prohibiting D & B from collecting garbage in Tuscola and from a declaratory judgment that a contract between Tuscola and United Waste Systems, Inc. (United), gives United an exclusive right to collect garbage in Tuscola, in the absence of further...

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