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THE FAIR v. EVERGREEN PARK SHOPPING PLAZA

Gen. No. 46,459.

4 Ill. App.2d 454 (1954)

124 N.E.2d 649

The Fair, a Corporation, and Lytton's, Henry C. Lytton and Company, a Corporation, Appellees, v. The Evergreen Park Shopping Plaza of Delaware, Inc. et al., Appellants.

Appellate Court of Illinois — First District, First Division.

Rehearing denied January 4, 1955.

Released for publication March 7, 1955.

Attorney(s) appearing for the Case

Sonnenschein, Berkson, Lautmann, Levinson & Morse, and Sidley, Austin, Burgess & Smith, of Chicago, for appellants; Bernard Nath, George Ragland, Jr., Howard P. Robinson, Edwin A. Rothschild, C. Harker Rhodes, Jr., and H. Blair White, all of Chicago, of counsel.

Wilson & McIlvaine, and Ettelson & O'Hagan, of Chicago, for appellees; Thomas C. Strachan, Jr., W.S. Bodman, Robert E. Samuels, and F.A. Reichelderfer, all of Chicago, of counsel.

MR. JUSTICE NIEMEYER delivered the opinion of the court.

All defendants appeal from a decree directing that a mandatory injunction issue ordering defendants The Evergreen Park Shopping Plaza of Delaware, Inc. (hereinafter called Evergreen) and Carson Pirie Scott & Company, a corporation (hereinafter called Carson) "to remove that part of the existing store front of Carson which is an obtrusion on the mall north of Building B in Evergreen Park Shopping Plaza and...

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