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MAGNUSON v. CITY OF HICKORY HILLS

No. 90-1370.

933 F.2d 562 (1991)

Jay C. MAGNUSON and Margaret L. Magnuson, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. The CITY OF HICKORY HILLS, a municipal corporation; Vydas Juskelis, individually and in his official capacity as Director of Public Works and Superintendent of the Sewer Department of the City of Hickory Hills; and Raymond Kay, in his official capacity as Mayor of the City of Hickory Hills, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 29, 1991.

Attorney(s) appearing for the Case

Joel D. Berger, Chicago, Ill., for plaintiffs-appellants.

Michael G. Cainkar, Vincent Cainkar, Chicago, Ill., for defendants-appellees.

Before BAUER, Chief Judge, and POSNER, and RIPPLE, Circuit Judges.

BAUER, Chief Judge.

"And Noah he often said to his wife when he sat down to dine, I don't care where the water goes if it doesn't get into the wine." G.K. Chesterton, Wine and Water

It didn't matter much to Noah, but Hickory Hills, Illinois, cares very much where the water goes. The Chicago suburb maintains two separate sewer systems, one for storm water and the other for sanitary waste. Residents having homes with basements, half...

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