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SCHNUCK MARKETS, INC. v. SOFFER

No. 5-90-0452.

572 N.E.2d 1169 (1991)

213 Ill. App.3d 957

157 Ill.Dec. 705

SCHNUCK MARKETS, INC., and Central Bank—Granite City, Trustee, Plaintiffs and Counter-defendants-Appellants, v. Donald G. SOFFER, Magna Trust Company, Trustee, and Shop 'N Save Warehouse Foods, Inc., Defendants and Counter-plaintiffs-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied June 13, 1991.

Attorney(s) appearing for the Case

W. Richard McGovern and Patrick M. Flynn, both of Jennings, Flynn & Guymon, Belleville, for Central Bank—Granite City.

William J. Travis, Tracy L. Templeton, Greensfelder, Hemker & Gale, P.C., St. Louis, Mo., and Jack Humes, Jr., Burroughs, Simpson, Hepler, Broom & Mac-Donald, Edwardsville, for Schnuck Markets, Inc.

Leo H. Konzen, Edward C. Fitzhenry, Lueders, Robertson & Konzen, Granite City, for Donald G. Soffer et al.

Justice LEWIS delivered the opinion of the court:

This cause comes on appeal from the circuit court's denial of the request by plaintiffs, Schnuck Markets, Inc. (Schnuck) and Central Bank, for permanent injunction and granting of the request by defendants, Donald G. Soffer (Soffer), Magna Trust Company (Magna) and Shop `N Save Warehouse Foods, Inc. (Shop `N Save), for a declaratory judgment allowing the defendants to relocate a sanitary sewer easement. The plaintiff...

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