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CITY OF CHICAGO v. CHICAGO FIBER OPTIC CORP.

No. 1-95-3053.

678 N.E.2d 693 (1997)

287 Ill. App.3d 566

222 Ill.Dec. 821

The CITY OF CHICAGO, Plaintiff-Appellee, v. CHICAGO FIBER OPTIC CORPORATION, d/b/a Metropolitan Fiber Systems of Chicago, Inc., Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

March 26, 1997.

Attorney(s) appearing for the Case

Peter V. Baugher, John A. Cashman, Schopf & Weiss, Chicago, for Defendant-Appellant.

Susan S. Sher, Corporation Counsel of the City of Chicago, Chicago, (Lawrence Rosenthal, Deputy Corporation Counsel, Benna Ruth Solomon, Chief Assistant Corporation Counsel and Jean Dobrer, Assistant Corporation Counsel, of counsel), for Plaintiff-Appellee.

Presiding Justice COUSINS delivered the opinion of the court:

The plaintiff, City of Chicago (the City) filed a declaratory judgment against the defendant, Chicago Fiber Optic Corp. d/b/a Metropolitan Fiber Systems of Chicago, Inc. (MFS), seeking a declaration that a contract between the City and MFS was enforceable. MFS filed a counterclaim against the City, seeking a declaration to the contrary. The contract arose out of an ordinance that permits MFS to run fiber...

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