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TRUSTEES OF SCHOOLS v. CLIPPINGER

No. 31004.

404 Ill. 202 (1949)

88 N.E.2d 451

TRUSTEES OF SCHOOLS, Appellant, v. HELEN CLIPPINGER et al. — (ALLAN A. MYERS, Appellee.)

Supreme Court of Illinois.

Rehearing denied November 21, 1949.

Attorney(s) appearing for the Case

L. DOW NICHOL, JR., and TENNEY, SHERMAN, ROGERS & GUTHRIE, (HENRY F. TENNEY, and S. ASHLEY GUTHRIE, of counsel,) all of Chicago, for appellant.

RUSSELL W. KEENEY, of Wheaton, for appellee.

Judgment affirmed.

Mr. JUSTICE CRAMPTON delivered the opinion of the court:

Petitioner-appellant, Trustees of Schools of District No. 41, Du Page County, appeals from an order of the circuit court dismissing its petition for condemnation of a lot for a playground immediately adjacent to the junior high school in Glen Ellyn.

The petition and a motion to dismiss filed by the defendant Allan A. Myers were the only pleadings in the case. Defendant urged...

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