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ILLINOIS STATE HWY. COMM. v. EINFELDT

No. 34586.

12 Ill.2d 499 (1957)

147 N.E.2d 53

THE ILLINOIS STATE TOLL HIGHWAY COMMISSION, Appellee, v. CHARLES EINFELDT et al. — (HERBERT G. RHOADS et al., Appellants.)

Supreme Court of Illinois.

Rehearing denied January 23, 1958.

Attorney(s) appearing for the Case

JOHN J. YOWELL, and G. KENT YOWELL, both of Chicago, for appellants.

LATHAM CASTLE, Attorney General, of Springfield, (EDWARD J. WENDROW, and THOMAS A. REYNOLDS, JR., of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The Illinois Toll Highway Commission brought an action in the superior court of Cook County to acquire certain parcels of real estate by condemnation. The owners filed a traverse challenging the authority of the commission, which was overruled, and defendants appeal from the final judgment thereafter entered. The issue is whether the statute purports to vest power in the commission...

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