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MERRIAM v. McCONNELL

Gen. No. 48,181.

31 Ill. App.2d 241 (1961)

175 N.E.2d 293

Charles J. Merriam, Plaintiff-Appellant, v. Jean McConnell, Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied April 28, 1961.

Attorney(s) appearing for the Case

Robert J. Downing and Estelle Linn, of Chicago, for appellant.

Graham & McElligott, of Chicago (William C. Wines, Errett O. Graham and John A. McElligott, of counsel) for appellee.

PRESIDING JUSTICE KILEY delivered the opinion of the court.

Plaintiff sued for a permanent injunction to restrain defendants from "maintaining and growing ... box elder trees which annually host and are infested by box elder bugs, or by otherwise controlling such vermine so as to limit them to defendants' premises." The trial court dismissed the cause and plaintiff has appealed.

[1] The motion admitted the well pleaded facts: Plaintiff and defendants...

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