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DEPT., PUBLIC WORKS & BLDGS. v. DUST

No. 36506.

24 Ill.2d 119 (1962)

180 N.E.2d 499

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Appellee, v. CLARENCE DUST et al., Appellants.

Supreme Court of Illinois.

Rehearing denied March 22, 1962.

Attorney(s) appearing for the Case

FRED P. SCHUMAN, and LEO KONZEN, both of Granite City, and RALPH CURRY, of St. Louis, Missouri, for appellants.

WILLIAM G. CLARK, Attorney General, of Springfield, (WILLIAM C. WINES, AUBREY KAPLAN, RAYMOND S. SARNOW, and A. ZOLA GROVES, Assistant Attorneys General, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

On February 3, 1959 the Department of Public Works and Buildings filed a petition in the circuit court of Effingham County for condemnation of 18.39 acres for construction of a portion of Interstate Route 70. The tract was described as a part of 79.79 acres owned by appellants, except the part called Rollin-Hills Subdivision. By cross petition appellees allege that the entire area...

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