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DEPARTMENT OF PUBLIC WORKS & BLDGS. v. ATKINS

Gen. No. 65-81.

68 Ill. App.2d 98 (1966)

215 N.E.2d 452

The Department of Public Works and Buildings of the State of Illinois, for and in Behalf of the People of the State of Illinois, Petitioner-Appellant, v. Don M. Atkins, et al. (John Busiere and Jessie J. Busiere, Tract No. 244-245), Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

March 21, 1966.

Attorney(s) appearing for the Case

William G. Clark, Attorney General, of Springfield (William W. Hart, Jr. and Richard O. Hart, Special Assistant Attorneys General, both of Benton, and Richard E. Quinn, Special Assistant Attorney General, of counsel), for appellant.

Elmer Jenkins, of Benton, for appellees.

GOLDENHERSH, P.J.

Petitioner, The Department of Public Works and Buildings, appeals from the judgment of the Circuit Court of Franklin County entered upon a jury verdict in the amount of $38,000, in an action to condemn a parcel of land owned by defendants John and Jessie J. Busiere. Title was vested in petitioner in accordance with the provisions of Chapter 47, section 2.1 et seq., Ill Rev Stats 1965, and at the time of trial the construction of the

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