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OAK PARK TRUST AND SAVINGS BANK v. VIL. OF MIDDLEBURY

No. 35699.

20 Ill.2d 122 (1960)

169 N.E.2d 326

OAK PARK TRUST AND SAVINGS BANK, Trustee, Appellee, v. THE VILLAGE OF MIDDLEBURY, Appellant.

Supreme Court of Illinois.

Opinion filed September 29, 1960.

Attorney(s) appearing for the Case

MALCOLM C. McCUAIG, of Dundee, and BELL, BOYD, MARSHALL & LLOYD, of Chicago, (CHARLES E. HERZOG, of counsel,) for appellant.

HERRICK, VETTE, McNEILL & McELROY, of Chicago, and BRITTAIN, MORGAN, BRITTAIN & KETCHAM, of Elgin, (H. WHEELER BRITTAIN, W. BEN MORGAN, and WILLIAM T. McNEILL, of counsel,) for appellee.

Cause transferred.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

The Oak Park Trust and Savings Bank, as trustee, filed a petition in the county court of Kane County to disconnect from the village of Middlebury a 59-acre tract of land, including a segment of a State highway. After a hearing the court ordered the land disconnected, and the village has appealed directly to this court. The record contains a certificate of the trial judge that the...

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