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SERVICE PIPE LINE CO. v. RUDER

No. 35408.

19 Ill.2d 332 (1960)

167 N.E.2d 419

SERVICE PIPE LINE COMPANY, Appellant, v. IRVIN A. RUDER et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 18, 1960.

Attorney(s) appearing for the Case

BARR and BARR, of Joliet, and CECIL L. HUNT, and WALTER B. HALL, both of Tulsa, Oklahoma, for appellant.

BISHOP, BURDETT, FALASZ & DOHERTY, of Chicago, (JOHN M. FALASZ, JOHN H. BISHOP, H. HOWARD SCHLUNTZ and ROBERT J. BURDETT, of counsel,) for appellees.

GRENVILLE BEARDSLEY, Attorney General, of Springfield, and HARRY R. BEGLEY, Special Assistant Attorney General, of Chicago, for amicus curiae, The Illinois Commerce Commission.

Judgment affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

Service Pipe Line Company, a corporation engaged in the interstate transportation of oil, instituted this eminent domain action to acquire a perpetual easement in the defendant's land. The circuit court of Will County granted the defendants' motion to dismiss the action, and the plaintiff has appealed directly to this court. Ill. Rev. Stat. 1959, chap. 47, par. 12.

The plaintiff...

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