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FOREST PRES. DIST. v. COMMERCE COM'N

No. 34448.

12 Ill.2d 319 (1957)

146 N.E.2d 27

FOREST PRESERVE DISTRICT OF DU PAGE COUNTY, Appellee, v. ILLINOIS COMMERCE COMMISSION et al., Appellants.

Supreme Court of Illinois.

Opinion filed November 20, 1957.

Attorney(s) appearing for the Case

LATHAM CASTLE, Attorney General, of Springfield, (HARRY R. BEGLEY, and ELMER MICHAEL WALSH, JR., of counsel,) for appellant Illinois Commerce Commission, and CARL E. BAGGE and FLOYD J. STUPPI, both of Chicago, for appellant Santa Fe Railway Company.

ROBERT J. SCOTT, of Glen Ellyn, for appellee.

Circuit court reversed; order of commission confirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The Forest Preserve District of Du Page County filed with the Illinois Commerce Commission a petition seeking permission to construct a road at grade across the right of way of the Atchison, Topeka and Santa Fe Railway Company. The railroad's answer alleged a lack of public convenience and necessity and the availability of a satisfactory alternate...

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