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CITY OF EVANSTON EX REL. JOHNSON v. RISINGER

Gen. No. 53,123.

116 Ill. App.2d 420 (1969)

253 N.E.2d 918

City of Evanston, a Municipal Corporation, ex rel. Nels J. Johnson, N.J. Properties, Inc., a Corporation, and Charlotte Ziporyn and Nels J. Johnson, N.J. Properties, Inc., a Corporation, and Charlotte Ziporyn, as Taxpayers of the City of Evanston, Illinois, and on Behalf of All Other Taxpayers Similarly Situated, Plaintiffs-Appellants, v. Ernest Risinger, d/b/a Boyer Tree Experts, and Hartford Accident and Indemnity Co., a Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

November 13, 1969.

Attorney(s) appearing for the Case

Raymond L. Jones, of Chicago, for appellants.

McCarthy, Scheurich, Duffy & McCarthy, of Chicago (John M. Duffy and Frank K. Neidhart, of counsel), for appellees.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

This is a proceeding in chancery commonly known as a taxpayer's suit. It is brought in the name of the City of Evanston by the relators, as taxpayers of Evanston, pursuant to statute (Ill Rev Stats, c 24, § 1-5-1 (1961)). The complaint alleges that city officials of Evanston awarded a contract to Ernest Risinger, d/b/a Boyer Tree Experts (Risinger) in violation of certain city ordinances and of chapter...

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