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PROGRESS DEVELOPMENT CORPORATION v. MITCHELL

No. 59 C 2050.

219 F.Supp. 156 (1963)

PROGRESS DEVELOPMENT CORPORATION, a corporation, and Modern Community Developers, Inc., a corporation, Plaintiffs, v. James C. MITCHELL et al., Defendants.

United States District Court N. D. Illinois, E. D.

July 11, 1963.

Attorney(s) appearing for the Case

John W. Hunt, Richard G. Kahn and Howard Hoosin, Chicago, Ill., for plaintiffs.

Gerald C. Snyder and Lewis D. Clarke, Snyder, Clarke, Dalziel, Holmquist & Johnson, Waukegan, Ill., Allyn J. Franke, c/o Norman, Engelhardt & Zimmerman, Chicago, Ill., for defendants Deerfield Park District, James C. Mitchell, Dudley L. Dewey, Edward J. Walchli, Donald W. Keller and Aksel Petersen.

Thomas A. Matthews and Byron S. Matthews, John B. Moser, Moser & Compere, Chicago, Ill., for defendants Village of Deerfield, Winston Porter, Harold L. Peterson, John Aberson, Maurice Petesch, Arno Wehle and Joseph Koss.

Edward J. Kelly, Chicago, Ill., for defendant Joseph Powell.

George B. Christensen and Charles J. Calderini, Jr., Winston, Strawn, Smith & Patterson, Chicago, Ill., for defendants Harold C. Lewis, Herbert H. Garbrecht, Hal A. Petit, Robert D. Rierson, Robert G. Mullen, Leonard Bronstein, David J. Maundrell and Frank M. Blake.

On Counter-Defendants' Motion to Dismiss Counter-Plaintiff's Counter-claim July 11, 1963.

ROBSON, District Judge.

The core of the controversy presented by the several motions of defendants to dismiss or for judgment upon the recently filed affirmative defenses is whether the finding by Judge Bernard M. Decker in his October 18, 1961 opinion in Cause No. 71780, Deerfield Park District, et al. v. Progress Development...

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