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VIL. BENSENVILLE v. ILL. COMM. COM.

No. 37758.

29 Ill.2d 601 (1963)

195 N.E.2d 169

THE VILLAGE OF BENSENVILLE, Appellant, v. ILLINOIS COMMERCE COMMISSION et al., Appellees.

Supreme Court of Illinois.

Rehearing denied January 20, 1964.

Attorney(s) appearing for the Case

WILLIAM A. REDMOND, of Bensenville, for appellant.

JOSEPH J. NAGEL, of Chicago, for appellees, Chicago, Milwaukee, St. Paul and Pacific Railroad Co. and Frank Martoccio.

WILLIAM G. CLARK, Attorney General, of Springfield, (THOMAS G. LYONS, Assistant Attorney General, of counsel,) for appellee Illinois Commerce Commission.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The Chicago, Milwaukee, St. Paul and Pacific Railroad Company (hereafter "the Milwaukee") and Frank Martoccio, trustee of the Bensenville Industrial District, filed a joint petition with the Illinois Commerce Commission seeking permission to construct a railroad track across York Road at grade. The Commission granted the petition and...

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